The Company Directors Disqualification (Northern Ireland) Order 2002

SCHEDULES

SCHEDULE 1 N.I. MATTERS FOR DETERMINING UNFITNESS OF DIRECTORS

Modifications etc. (not altering text)

C1 Sch. 1 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))

F1 PART I N.I. MATTERS APPLICABLE IN ALL CASES

F1 Mod. SR 2004/307

1.  Any misfeasance or breach of any fiduciary or other duty by the director in relation to the company [F2 , including in particular any breach by the director of a duty under Chapter 2 of Part 10 of the Companies Act 2006 (general duties of directors) owed to the company]. N.I.

F2 Words in Sch. 1 para. 1 inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(2) (with art. 10)

2.  Any misapplication or retention by the director of, or any conduct by the director giving rise to an obligation to account for, any money or other property of the company. N.I.

3.  The extent of the director's responsibility for the company entering into any transaction liable to be set aside under Articles 367 to 369 of [F3 the Insolvency (Northern Ireland) Order 1989] (provisions against debt avoidance). N.I.

F3 Words in Sch. 1 para. 3 substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(3) (with art. 10)

[F4 4.   The extent of the director's responsibility for any failure by the company to comply with any of the following provisions of the Companies Act 2006— N.I.

• section 113 (register of members);

• section 114 (register to be kept available for inspection);

• section 162 (register of directors);

• section 165 (register of directors' residential addresses);

• section 167 (duty to notify registrar of changes: directors);

• section 275 (register of secretaries);

• section 276 (duty to notify registrar of changes: secretaries);

• section 386 (duty to keep accounting records);

• section 388 (where and for how long accounting records to be kept);

• section 854 (duty to make annual returns);

• section 860 (duty to register charges).]

F4 Sch. 1 para. 4 substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(4) (with art. 10)

[F5 5.   The extent of the director's responsibility for any failure by the directors of the company to comply with the following provisions of the Companies Act 2006— N.I.

(a) section 394 or 399 (duty to prepare annual accounts);

(b) section 414 or 450 (approval and signature of abbreviated accounts); or

(c) section 433 (name of signatory to be stated in published copy of accounts).]

F5 Sch. 1 para. 5 substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 226(6)(c) (with arts. 6, 11, 12)

6.  F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F6 Sch. 1 para. 6 omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(5) (with art. 10 and see Sch. 1 para. 212 for insertion of art. 24E(3))

7.  F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F7 Sch. 1 para. 7 omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(6) (with art. 10 and see Sch. 1 para. 212 for insertion of art. 24D(4))

F8 PART II N.I. MATTERS APPLICABLE WHERE COMPANY HAS BECOME INSOLVENT

F8 Mod. SR 2004/307

8.  The extent of the director's responsibility for the causes of the company becoming insolvent. N.I.

9.  The extent of the director's responsibility for any failure by the company to supply any goods or services which have been paid for (in whole or in part). N.I.

10.  The extent of the director's responsibility for the company entering into any transaction or giving any preference, being a transaction or preference liable to be set aside under Article 107 or Articles 202 to 205 of [F9 the Insolvency (Northern Ireland) Order 1989]. N.I.

F9 Words in Sch. 1 para. 10 substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(7) (with art. 10)

11.  The extent of the director's responsibility for any failure by the directors of the company to comply with Article 84 of [F10 the Insolvency (Northern Ireland) Order 1989] (duty to call creditors' meeting in creditors' voluntary winding up). N.I.

F10 Words in Sch. 1 para. 11 substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(7) (with art. 10)

12.  Any failure by the director to comply with any obligation imposed on him by or under any of the following provisions of [F11 the Insolvency (Northern Ireland) Order 1989]— N.I.

(a) [F12 paragraph 48 of Schedule B1] (company's statement of affairs in administration);

(b) Article 57 (statement of affairs to administrative receiver);

(c) Article 85 (directors' duty to attend meeting; statement of affairs in creditors' voluntary winding up);

(d) Article 111 (statement of affairs in winding up by the High Court);

(e) Article 198 (duty of anyone with company's property to deliver it up);

(f) Article 199 (duty to co-operate with liquidator, etc.).

F11 Words in Sch. 1 para. 12 substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 215(7) (with art. 10)

F12 Words in Sch. 1 para. 12(a) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 65; S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)

SCHEDULE 2 N.I. TRANSITIONAL PROVISIONS AND SAVINGS

1.  In this Schedule, “the commencement date” for the purposes of any provision of this Schedule, means the day appointed under Article 1 for the coming into operation of that provision. N.I.

2.  Where any period of time specified in any provision repealed by Article 26(3) and Schedule 4 is current immediately before the commencement date, this Order has effect as if the corresponding provision had been in operation when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current is deemed for the purposes of this Order— N.I.

(a) to run from the date or event from which it was running immediately before the commencement date, and

(b) to expire (subject to any provision of this Order for its extension) whenever it would have expired if this Order had not been passed;

and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Order as they were or would have been under that repealed provision.

3.  The provision of this Schedule shall have effect without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 (c. 33). N.I.

N.I.

Schedule 3—Amendments

N.I.

Schedule 4—Repeals