Disqualification on conviction of offence punishable only on indictment or either on conviction on indictment or on summary convictionN.I.
5.—(1) The court may make a disqualification order against a person where he is convicted of an offence punishable only on conviction on indictment or either on conviction on indictment or on summary conviction (whether on indictment or on summary conviction) in connection with the promotion, formation, management, liquidation or striking off of a company, with the receivership of a company's property or with his being an administrative receiver of a company.
[F1(1A) In paragraph (1), “company” includes overseas company.]
(2) “The court” for this purpose means—
(a)the High Court, or
(b)the court by or before which the person is convicted of the offence, or
(c)in the case of a summary conviction, any other court of summary jurisdictionF2....
(3) The maximum period of disqualification under this Article is—
(a)where the disqualification order is made by a court of summary jurisdiction, 5 years, and
(b)in any other case, 15 years.
F1Art. 5(1A) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(5); S.I. 2015/1689, reg. 2(h)
F2Words in art. 5(2)(c) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 120(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Modifications etc. (not altering text)
C1Art. 5 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), {reg. 21(4} (with reg. 2))