Company Directors Disqualification Act 1986

21 Interaction with Insolvency Act [F1 1986] [F2 etc]. U.K.

(1) References in this Act to the official receiver, in relation to the winding up of a company or the bankruptcy of an individual, are to any person who, by virtue of section 399 of the Insolvency Act [F3 1986], is authorised to act as the official receiver in relation to that winding up or bankruptcy; and, in accordance with section 401(2) of that Act, references in this Act to an official receiver includes a person appointed as his deputy.

(2) Sections [F4 1A] [F5 5A, 6 to 10, 12C to 15C], 19(c) and 20 of, and Schedule 1 to, this Act [F4 and sections 1 and 17 of this Act as they apply for the purposes of those provisions] are deemed included in Parts I to VII of the Insolvency Act [F3 1986] for the purposes of the following sections of that Act—

• section 411 (power to make insolvency rules);

• section 414 (fees orders);

• section 420 (orders extending provisions about insolvent companies to insolvent partnerships);

• section 422 (modification of such provisions in their application to recognised banks); F6 . . .

(3) Section 434 of that Act (Crown application) applies to sections [F7 1A] [F5 5A, 6 to 10, 12C to 15C], 19(c) and 20 of, and Schedule 1 to, this Act [F7 and sections 1 and 17 of this Act as they apply for the purposes of those provisions] as it does to the provisions of that Act which are there mentioned.

[F8 (4) For the purposes of summary proceedings in Scotland, section 431 of that Act applies to summary proceedings for an offence under section 11 [F9 , 11A] or 13 of this Act as it applies to summary proceedings for an offence under Parts I to VII of the Act.]

[F10 (5) Sections 8ZF and 8ZG and the other provisions of this Act so far as relating to applications and orders made, and undertakings accepted, under those provisions in Northern Ireland, are deemed included in Parts 2 to 7 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) for the purposes of the following Articles of that Order—

• Article 359 (power to make insolvency rules);

• Article 361 (fees orders).]

Textual Amendments

F1 Words in s. 21 heading inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009) (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(6)(a) (with art. 10)

F2 Word in s. 21 heading inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(12)(a) (with Sch. 13 para. 4(2))

F3 Words in s. 21(1)(2) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(6)(a) (with art. 10)

F4 Words in s. 21(2) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 14(2)(a)(b)(c); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

F5 Words in s. 21(2)(3) substituted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 16; S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)

F6 Word repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24

F7 Words in s. 21(3) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 14(3)(a)(b)(c); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

F8 S. 21(4) added by Companies Act 1989 (c. 40, SIF 27), ss. 208, 213(2)

F9 Word in s. 21(4) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 36(7), 219(1)(2)(b); S.I. 2024/269, reg. 2(z)

F10 S. 21(5) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(12)(b) (with Sch. 13 para. 4(2))