- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
After section 8 of the Company Directors Disqualification Act 1986 insert—
(1)The court may make a disqualification order against a person (“P”) if, on an application under section 8ZB, it is satisfied—
(a)either—
(i)that a disqualification order under section 6 has been made against a person who is or has been a director (but not a shadow director) of a company, or
(ii)that the Secretary of State has accepted a disqualification undertaking from such a person under section 7(2A), and
(b)that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2)For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a)for which the main transgressor is subject to the order made under section 6, or
(b)in relation to which the undertaking was accepted from the main transgressor under section 7(2A),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(3)But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4)Under this section the minimum period of disqualification is 2 years and the maximum period is 15 years.
(5)In this section and section 8ZB “the court” has the same meaning as in section 6; and subsection (3B) of section 6 applies in relation to proceedings mentioned in subsection (6) below as it applies in relation to proceedings mentioned in section 6(3B)(a) and (b).
(6)The proceedings are proceedings—
(a)for or in connection with a disqualification order under this section, or
(b)in connection with a disqualification undertaking accepted under section 8ZC.
(1)If it appears to the Secretary of State that it is expedient in the public interest that a disqualification order should be made against a person under section 8ZA, the Secretary of State may—
(a)make an application to the court for such an order, or
(b)in a case where an application for an order under section 6 against the main transgressor has been made by the official receiver, direct the official receiver to make such an application.
(2)Except with the leave of the court, an application for a disqualification order under section 8ZA must not be made after the end of the period of 3 years beginning with the day on which the company in question became insolvent (within the meaning given by section 6(2)).
(3)Subsection (4) of section 7 applies for the purposes of this section as it applies for the purposes of that section.
(1)If it appears to the Secretary of State that it is expedient in the public interest to do so, the Secretary of State may accept a disqualification undertaking from a person (“P”) if—
(a)any of the following is the case—
(i)a disqualification order under section 6 has been made against a person who is or has been a director (but not a shadow director) of a company,
(ii)the Secretary of State has accepted a disqualification undertaking from such a person under section 7(2A), or
(iii)it appears to the Secretary of State that such an undertaking could be accepted from such a person (if one were offered), and
(b)it appears to the Secretary of State that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2)For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a)for which the main transgressor is subject to the disqualification order made under section 6,
(b)in relation to which the disqualification undertaking was accepted from the main transgressor under section 7(2A), or
(c)which led the Secretary of State to the conclusion set out in subsection (1)(a)(iii),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(3)But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4)Subsection (4) of section 7 applies for the purposes of this section as it applies for the purposes of that section.
(1)The court may make a disqualification order against a person (“P”) if, on an application under this section, it is satisfied—
(a)either—
(i)that a disqualification order under section 8 has been made against a person who is or has been a director (but not a shadow director) of a company, or
(ii)that the Secretary of State has accepted a disqualification undertaking from such a person under section 8(2A), and
(b)that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2)The Secretary of State may make an application to the court for a disqualification order against P under this section if it appears to the Secretary of State that it is expedient in the public interest for such an order to be made.
(3)For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a)for which the main transgressor is subject to the order made under section 8, or
(b)in relation to which the undertaking was accepted from the main transgressor under section 8(2A),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(4)But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(5)Under this section the maximum period of disqualification is 15 years.
(6)In this section “the court” means the High Court or, in Scotland, the Court of Session.
(1)If it appears to the Secretary of State that it is expedient in the public interest to do so, the Secretary of State may accept a disqualification undertaking from a person (“P”) if—
(a)any of the following is the case—
(i)a disqualification order under section 8 has been made against a person who is or has been a director (but not a shadow director) of a company,
(ii)the Secretary of State has accepted a disqualification undertaking from such a person under section 8(2A), or
(iii)it appears to the Secretary of State that such an undertaking could be accepted from such a person (if one were offered), and
(b)it appears to the Secretary of State that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2)For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a)for which the main transgressor is subject to the disqualification order made under section 8,
(b)in relation to which the disqualification undertaking was accepted from the main transgressor under section 8(2A), or
(c)which led the Secretary of State to the conclusion set out in subsection (1)(a)(iii),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(3)But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys