The Companies (Disqualification Orders) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Companies (Disqualification Orders) Regulations 2001 (S.I. 2001/967) as amended by S.I. 2002/1834 and S.I. 2004/1940 (as amended “the 2001 Regulations”). They come into force on 1st October 2009, and apply to any disqualification order made after that date, and to any grant of leave or action taken by a court after that date in consequence of which a disqualification order or undertaking (whenever made or accepted) is varied or ceases to have effect.

The Company Directors Disqualification Act 1986 (c.46) (“the CDDA”) gives specified courts power to make a disqualification order against any person. As amended by the Insolvency Act 2000 (c.39), the CDDA gives the Secretary of State power to accept an undertaking from any person that, for a specified period, that person must not—

(a) without the leave of the court, be a director of a company, act as a receiver of a company’s property or in any way take part in the promotion, formation or management of a company; and

(b) act as an insolvency practitioner.

These Regulations consolidate the 2001 Regulations with minor amendments.

Regulation 6 (particulars to be furnished by officers of the court) requires certain court officers to provide the Secretary of State with particulars of disqualification orders and grants of leave in relation to such orders or disqualification undertakings, and of any action taken by a court in consequence of which any such orders or undertakings are varied or cease to be in force. Section 18 of the CDDA requires that the Secretary of State must maintain a public register from the particulars so furnished.

Regulation 7 specifies the particulars mentioned in regulation 6 and the form and manner in which such particulars must be furnished to the Secretary of State. Schedules 1 to 4 contain the forms to be used when furnishing such particulars.

Regulation 9 (extension of certain of the provisions of section 18 of the Act to orders made, undertakings accepted and leave granted in Northern Ireland) places obligations on the Secretary of State regarding the retention and disposal of information furnished to the Secretary of State relating to disqualification orders made, disqualification undertakings accepted and leave granted in relation to such orders and undertakings in Northern Ireland.

Key changes from the 2001 Regulations are:

(a) in regulation 2 (definitions) there is a new definition of “leave granted” for the purposes of regulation 5 (transitional provisions in relation to regulation 9) and regulation 9;

(b) in regulation 6, certain changes within the courts made by the Courts Act 2003 (c.39) and the Constitutional Reform Act 2005 (c.4) have necessitated amendments concerning the identity of certain court officers required to provide the Secretary of State with the particulars specified in regulation 7;

(c) in the form in Schedule 1, the reference to section 723B of the Companies Act 1985 (c.6) relating to confidentiality orders has been removed in the light of the repeal of that provision by the Companies Act 2006 (c.46), and alternative provision made for the provision of service addresses by directors; and

(d) the forms in Schedules 1 to 4 have been amended so as to provide for particulars of competition disqualification orders made under section 9A of the CDDA to be furnished to the Secretary of State.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.