The Companies (Disqualification Orders) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations).

These Regulations revoke and replace the Companies (Disqualification Orders) Regulations (Northern Ireland) 1991 (S.R. 1991 No. 413) (“the 1991 Regulations”) and take into account certain changes which were introduced by the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4) (“the CDDO”) which repealed and re-enacted with amendments Part II of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)). They come into operation on 5th September 2003, and apply to any disqualification order made after that date, and to any grant of leave or action taken by a court after that date in consequence of which a disqualification order or undertaking (whenever made or accepted, as the case may be) is varied or ceases to have effect.

The CDDO gives specified courts power to make a disqualification order against and, gives the Department of Enterprise, Trade and Investment (“the Department”) power to accept an undertaking from, any person that he shall not, without the leave of the High Court, be a director of a company, act as a receiver of a company’s property or in any way take part in the promotion, formation or management of a company; and shall not act as an insolvency practitioner.

These Regulations prescribe the particulars of –

(a) disqualification orders;

(b) the granting of leave in relation to such orders or disqualification undertakings; and

(c) any action taken by a court in consequence of which such orders or undertakings are varied or cease to be in force;

which court clerks are required to furnish to the Department and the Secretary of State. They also prescribe the form, and time within which, such particulars are to be furnished.