F1Persons instructing unfit directors
Application for order under Article 11A11B
1
If it appears to the Department that it is expedient in the public interest that a disqualification order should be made against a person under Article 11A, the Department may—
a
make an application to the High Court for such an order, or
b
in a case where an application for an order under Article 9 against the main transgressor has been made by the official receiver, direct the official receiver to make such an application.
2
Except with the leave of the High Court, an application for a disqualification order under Article 11A must not be made after the end of the period of 3 years beginning with the day on which the company in question became insolvent (within the meaning given by Article 9(2)) F2or was dissolved without becoming insolvent.
F33
Paragraphs (5) and (5A) of Article 10 apply for the purposes of this Article as they apply for the purposes of that Article.
Arts. 11A-11E and cross-heading inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 7; S.I. 2015/1689, reg. 2(h) (with Sch. para. 9)