Small Business, Enterprise and Employment Act 2015

Amendments consequential on, or related to, amendments made by paragraphs 2 to 8 U.K.

9 (1) The 2002 Order is amended as follows. U.K.

(2) In Article 2(2) (interpretation), after the definition of “the official receiver” insert—

““overseas company” is a company which is incorporated or formed outside Northern Ireland;”.

(3) In Article 3 (disqualification orders: general), in paragraph (2), for “Article 9” substitute “ Articles 9 and 11A ”.

(4) In Article 4 (disqualification undertakings: general)—

(a) in paragraph (1), for “10 and 11” substitute “ 8A, 10, 11, 11C and 11E ”, and

(b) in paragraph (2), after “10” insert “ or 11C ”.

(5) In Article 5 (disqualification on conviction of offence punishable only on indictment or either on indictment or summary conviction), after paragraph (1) insert—

“(1A) In paragraph (1), “company” includes overseas company.”

(6) In Article 6 (disqualification for persistent default under companies legislation), after paragraph (3A) insert—

“(3B) In this Article “company” includes overseas company.”

(7) In Article 8 (disqualification on summary conviction of offence), after paragraph (4A) insert—

“(4B) In this Article “company” includes overseas company.”

(8) In Article 9 (duty of High Court to disqualify unfit directors of insolvent companies), in paragraph (2), omit “and Article 10”.

(9) In Article 10 (disqualifications under Article 9: applications and undertakings), after paragraph (5) insert—

“(6) Paragraphs (1A) and (2) of Article 9 apply for the purposes of this Article as they apply for the purposes of that Article.”

(10) Before Article 12 insert— “ Further provision about disqualification undertakings ”.

(11) In Article 14 (participation in wrongful trading), after paragraph (2) insert—

“(3) In this Article “company” includes overseas company.”

(12) In Article 20 (application for disqualification order), in paragraph (2), after “any company” insert “ or overseas company ”.

(13) In Article 22 (register of disqualification orders and undertakings), in paragraph (3)(a), for “10 or 11” substitute “ 8A, 10, 11, 11C or 11E ”.

(14) In Article 23 (admissibility in evidence of statements), in paragraph (1)—

(a) for “9 to 14” substitute “ 8A to 14, 17A ”, and

(b) after “or 19” insert “ to 19C ”.

(15) In Article 24 (interaction with the Insolvency (Northern Ireland) Order 1989), in paragraphs (1) and (2)—

(a) for “9 to 14” substitute “ 8A to 14, 17A ”, and

(b) after “or 19” insert “ to 19C ”.

(16) In Article 24D (application of Order to building societies), omit paragraph (4).

(17) Omit Article 24E (application of Order to open-ended investment companies).

(18) In Article 25 (application of Order to incorporated friendly societies)—

(a) after paragraph (3) insert—

“(3A) In relation to an incorporated friendly society, this Order applies as if Articles 11A to 11E were omitted.”, and

(b) omit paragraph (4).

(19) In Article 25A (application of Order to registered societies)—

(a) omit paragraph (2)(d),

(b) after paragraph (2)(f) insert—

“(g) Articles 11A to 11E are to be disregarded.”, and

(c) omit paragraph (3).

Commencement Information

I1 Sch. 8 para. 9 in force at 1.10.2015 by S.I. 2015/1689, reg. 2(h)

10 U.K. Omit paragraph 65 of Schedule 2 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)).

Commencement Information

I2 Sch. 8 para. 10 in force at 1.10.2015 by S.I. 2015/1689, reg. 2(h)