Company Directors Disqualification Act 1986

[F1 22F. Application of Act to charitable incorporated organisations E+W

(1) This Act applies to charitable incorporated organisations (“CIOs”) as it applies to companies.

(2) Accordingly, in this Act—

(a) references to a company are to be read as including references to a CIO;

(b) references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and

(c) any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs.

(3) As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications—

(a) in section 2(1), the reference to striking off is to be read as including a reference to dissolution;

(b) in section 4(1)(a), the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012(fraudulent trading);

[F2 (ba) sections 6(1)(a)(ii) and (3)(d) and 7(2)(b) are to be disregarded;

(bb) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded;]

(c) sections 9A to 9E are to be disregarded;

(d) references to any of sections 9A to 9E are to be disregarded;

[F3 (da) section 11A is to be disregarded;]

(e) references to a shadow director are to be disregarded.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.]

Textual Amendments

F1 S. 22F inserted (E.W.) (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 2

F2 S. 22F(3)(ba)(bb) inserted (15.12.2021 for specified purposes, 15.2.2022 in so far as not already in force) by Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 (c. 34), ss. 2(11), 4(4)(b)(5) (with s. 2(14))

F3 S. 22F(3)(da) 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. 37(6), 219(1)(2)(b); S.I. 2024/269, reg. 2(z1)

F4 S. 22F(4) omitted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 23; S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)