- Latest available (Revised)
- Original (As made)
The Company Directors Disqualification (Northern Ireland) Order 2002, Section 15 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
15.—[F1(1) It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when any of the circumstances mentioned in paragraph (1A) apply to the person.
(1A) The circumstances are—
(a)the person is an undischarged bankrupt—
(i)in Northern Ireland, or
(ii)in England and Wales or Scotland,
(b)a bankruptcy restrictions order or undertaking is in force in respect of the person under—
(i)the Insolvency (Northern Ireland) Order 1989, or
(ii)the Bankruptcy (Scotland) Act 1985 [F2or 2016] or the Insolvency Act 1986,
(c)a debt relief restrictions order or undertaking is in force in respect of the person under—
(i)the Insolvency (Northern Ireland) Order 1989, or
(ii)the Insolvency Act 1986,
(d)a moratorium period under a debt relief order applies in relation to the person under—
(i)the Insolvency (Northern Ireland) Order 1989, or
(ii)the Insolvency Act 1986.
(1B) In paragraph (1) “the court” means—
(a)for the purposes of sub-paragraphs (a)(i), (b)(i), (c)(i) and (d)(i) of paragraph (1A), the High Court,
(b)for the purposes of paragraph (1A)(a)(ii)—
(i)the court by which the person was adjudged bankrupt, or
(ii)in Scotland, the court by which sequestration of the person's estate was awarded or, if awarded other than by the court, the court which would have jurisdiction in respect of sequestration of the person's estate,
(c)for the purposes of paragraph (1A)(b)(ii)—
(i)the court which made the order,
(ii)in Scotland, if the order has been made other than by the court, the court to which the person may appeal against the order, or
(iii)the court to which the person may make an application for annulment of the undertaking,
(d)for the purposes of paragraph (1A)(c)(ii)—
(i)the court which made the order, or
(ii)the court to which the person may make an application for annulment of the undertaking,
(e)for the purposes of paragraph (1A)(d)(ii), the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).]
(2) The leave of the High Court shall not be given unless notice of intention to apply for it has been served on the official receiver and the official receiver shall, if he is of opinion that it is contrary to the public interest that the application should be granted, attend on the hearing of the application and oppose it.
[F3(3) In this Article “company” includes a company incorporated outside Northern Ireland that has an established place of business in Northern Ireland.]
F1Art. 15(1)-(1B) substituted for art. 15(1) (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 114, 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 12)
F2Words in art. 15(1A)(b)(ii) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 38
F3Art. 15(3) added (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. 210 (with art. 10)
Modifications etc. (not altering text)
C1Art. 15 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))
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: