The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004

Article 3

SCHEDULE AMENDMENTS TO THE ENACTMENTS AMENDED BY PART II OF SCHEDULE 4 TO THE INSOLVENCY ACT 2000

Insolvency Act 1986 (c. 45)

1.  The Insolvency Act 1986 is amended as follows.

2.  In section 389A(3)(b) (1) (authorisation of nominees and supervisors) after “1989” insert “or a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002”.

3.  In section 390(4)(b) (2) (persons not qualified to act as insolvency practitioners) after “1989” insert “or to a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

4.  In section 8(1)(d) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (3) (persons disqualified from being concerned in the management or control of a recognised body) after “1989” insert “or to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Charities Act 1993 (c. 10)

5.  In section 72 of the Charities Act 1993 (4) (persons disqualified for being trustees of a charity)–

(a) in subsection (1)(f) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”,

(b) in subsection (3)(aa) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”, and

(c) in sub-paragraph (ii) of subsection 4(a) for “or 12A” substitute “,12A or 12B” and after “orders” insert “; Northern Irish disqualification undertakings”.

Pensions Act 1995 (c. 26)

6.  In section 29(1)(f) of the Pensions Act 1995 (5)(persons disqualified for being trustees of trust schemes) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Police Act 1996 (c. 16)

7.  In paragraph 11(1)(c) of Schedule 2, and paragraph 7(1)(c) of Schedule 2A to the Police Act 1996 (6) (persons disqualified for being members of police authorities) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Housing Act 1996 (c. 52)

8.  In paragraph 4(2)(b) of Schedule 1 to the Housing Act 1996 (7) (powers to remove directors, trustees etc. of registered social landlords) at the end insert “or disqualification undertaking under the Companies Directors Disqualification (Northern Ireland) Order 2002”.

Police Act 1997 (c. 50)

9.  The Police Act 1997 (8) is amended as follows.

10.  In section 91(7)(b) (commissioners for the purposes of Part III) at the end insert “or under the Company Directors Disqualification (Northern Ireland) Order 2002”.

11.  In paragraph 3(1)(c) of Schedule 2 (members of Service Authorities) after “Order 1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

(1)

Section 389A was inserted into the Insolvency Act 1986 (c. 45) by section 4(4) of the Insolvency Act 2000 (c. 39).

(2)

Section 390(4)(b) of the Insolvency Act 1986 was amended by paragraph 16(2) in Part II of Schedule 4 to the Insolvency Act 2000.

(3)

Section 8(1)(d) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) was amended by paragraph 17 in Part II of Schedule 4 to the Insolvency Act 2000.

(4)

Section 72 of the Charities Act 1993 (c. 10) was amended by paragraph 18 in Part II of Schedule 4 to the Insolvency Act 2000.

(5)

Section 29(1)(f) of the Pensions Act 1995 (c. 26) was amended by paragraph 19(3) in Part II of Schedule 4 to the Insolvency Act 2000.

(6)

Relevant amendments to the Police Act 1996 (c. 16) were made by paragraph 20 in Part II of Schedule 4 to the Insolvency Act 2000.

(7)

Paragraph 4(2)(b) of Schedule 1 to the Housing Act 1996 (c. 52) was amended by paragraph 21 in Schedule 4 to the Insolvency Act 2000.

(8)

Relevant amendments to the Police Act 1997 were made by paragraph 22 in Part II of Schedule 4 to the Insolvency Act 2000.