The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

Disqualification of a member of an insolvent partnership after investigation

470.  In paragraph 8 of Schedule 8 to the Insolvent Partnerships Order 1994 (modified provisions of the Company Directors Disqualification Act 1986 for the purposes of Article 16), for the text of section 8(1) of the Company Directors Disqualification Act 1986 (as modified by that paragraph) substitute—

“(1) If it appears to the Secretary of State from—

(a) a report made by an inspector or person appointed to conduct an investigation under a provision mentioned in subsection (1A), or

(b) information or documents obtained under a provision mentioned in subsection (1B),

that it is expedient in the public interest that a disqualification order should be made against any person who is or has been an officer of an insolvent partnership, he may apply to the court for such an order to be made against that person.

(1A) The provisions are—

(a) section 437 of the Companies Act,

(b) section 167, 168, 169(1)(b) or 284 of the Financial Services and Markets Act 2000, or

(c) regulations made as a result of section 262(2)(k) of that Act.

(1B) The provisions are—

(a) section 447 or 448 of the Companies Act,

(b) section 2 of the Criminal Justice Act 1987,

(c) section 52 of the Criminal Justice (Scotland) Act 1987,

(d) section 83 of the Companies Act 1989, or

(e) section 171 or 173 of the Financial Services and Markets Act 2000.”.