Miscellaneous and generalE+W+S

20 Admissibility in evidence of statements. E+W+S

[F1(1)] In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections 6 to 10, 15 or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act [F21986], may be used in evidence against any person making or concurring in making the statement.

F3[(2)However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—

(a)no evidence relating to the statement may be adduced, and

(b)no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3)Subsection (2) applies to any offence other than—

(a)an offence which is—

(i)created by rules made for the purposes of this Act under the Insolvency Act [F41986], and

(ii)designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;

(b)an offence which is—

(i)created by regulations made under any such rules, and

(ii)designated for the purposes of this subsection by such regulations;

(c)an offence under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath); or

(d)an offence under section 44(2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).

(4)Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.]

Textual Amendments

F1S. 20 renumbered as s. 20(1) (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(2) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2

F3S. 20(2)-(4) inserted (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(1)(3) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2

Modifications etc. (not altering text)

C1Ss. 19(c), 20 extended (with modifications) by S.I. 1986/2142, art. 6

C2S. 20 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21

C3S. 20 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8

Marginal Citations

[F520ALegal professional privilegeE+W+S

In proceedings against a person for an offence under this Act nothing in this Act is to be taken to require any person to disclose any information that he is entitled to refuse to disclose on grounds of legal professional privilege (in Scotland, confidentiality of communications).]

Textual Amendments

21 Interaction with Insolvency Act [F61986] .E+W+S

(1)References in this Act to the official receiver, in relation to the winding up of a company or the bankruptcy of an individual, are to any person who, by virtue of section 399 of the Insolvency Act [F71986] , is authorised to act as the official receiver in relation to that winding up or bankruptcy; and, in accordance with section 401(2) of that Act, references in this Act to an official receiver includes a person appointed as his deputy.

(2)Sections [F81A] 6 to 10 [F813, 14], 15, 19(c) and 20 of, and Schedule 1 to, this Act [F8and sections 1 and 17 of this Act as they apply for the purposes of those provisions] are deemed included in Parts I to VII of the Insolvency Act [F71986] for the purposes of the following sections of that Act—

(3)Section 434 of that Act (Crown application) applies to sections [F101A] 6 to 10 [F1013, 14], 15, 19(c) and 20 of, and Schedule 1 to, this Act [F10and sections 1 and 17 of this Act as they apply for the purposes of those provisions] as it does to the provisions of that Act which are there mentioned.

[F11(4)For the purposes of summary proceedings in Scotland, section 431 of that Act applies to summary proceedings for an offence under section 11 or 13 of this Act as it applies to summary proceedings for an offence under Parts I to VII of the Act.]

Textual Amendments

F6Words in s. 21 heading inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009) (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(6)(a) (with art. 10)

F8Words in s. 21(2) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 14(2)(a)(b)(c); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

F10Words in s. 21(3) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 14(3)(a)(b)(c); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

[F1221ABank insolvencyE+W+S

Section 121 of the Banking Act 2009 provides for this Act to apply in relation to bank insolvency as it applies in relation to liquidation.]

Textual Amendments

[F1321BBank administrationE+W+S

Section 155 of the Banking Act 2009 provides for this Act to apply in relation to bank administration as it applies in relation to liquidation.]

Textual Amendments

[F1421CBuilding society insolvency and special administrationE+W+S

Section 90E of the Building Societies Act 1986 provides for this Act to apply in relation to building society insolvency and building society special administration as it applies in relation to liquidation.]

Textual Amendments

22 Interpretation. E+W+S

(1)This section has effect with respect to the meaning of expressions used in this Act, and applies unless the context otherwise requires.

[F15(2)“Company” means—

(a)a company registered under the Companies Act 2006 in Great Britain, or

(b)a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies).]

(3)Section 247 in Part VII of the Insolvency Act [F161986](interpretation for the first Group of Parts of that Act) applies as regards references to a company’s insolvency and to its going into liquidation; and “administrative receiver” has the meaning given by section 251 of that Act [F17and references to acting as an insolvency practitioner are to be read in accordance with section 388 of that Act].

(4)“Director” includes any person occupying the position of director, by whatever name called F18. . ..

(5)“Shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act (but so that a person is not deemed a shadow director by reason only that the directors act on advice given by him in a professional capacity).

[F19(6)“Body corporate” and “officer” have the same meaning as in the Companies Acts (see section 1173(1) of the Companies Act 2006).]

[F20(7)“The Companies Acts” has the meaning given by section 2(1) of the Companies Act 2006.]

[F21(8)Any reference to provisions, or a particular provision, of the Companies Acts or the Insolvency Act 1986 includes the corresponding provisions or provision of corresponding earlier legislation.]

[F22(9)Subject to the provisions of this section, expressions that are defined for the purposes of the Companies Acts [F23(see section 1174 of, and Schedule 8 to, the Companies Act 2006)] have the same meaning in this Act.]

[F24(10)Any reference to acting as receiver—

(a)includes acting as manager or as both receiver and manager, but

(b)does not include acting as administrative receiver;

and “receivership” is to be read accordingly.]

Textual Amendments

F15S. 22(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009) (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 85(11)(a)} (with art. 10)

F16Words in s. 22(3) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009) (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 85(6)(a)} (with art. 10)

F17Words in s. 22(3) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 15(2); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

F18Words in s. 22(4) repealed (2.4.2001) by 2000 c. 39, s. 8, 15(1), Sch. 4 Pt. I para. 15(3), Sch. 5; S.I. 2001/766, art. 2(1)(a)(c)(ii) (subject to transitional provisions in art. 3)

F24S. 22(10) inserted (2.4.2001) by 2000 c. 39, s. 5(3); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

Modifications etc. (not altering text)

C4S. 22 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21

[F2522A Application of Act to building societies.E+W+S

(1)This Act applies to building societies as it applies to companies.

(2)References in this Act to a company, or to a director or an officer of a company include, respectively, references to a building society within the meaning of the Building Societies Act 1986 or to a director or officer, within the meaning of that Act, of a building society.

(3)In relation to a building society the definition of “shadow director” in section 22(5) applies with the substitution of “building society” for “company”.

(4)In the application of Schedule 1 to the directors of a building society, references to provisions of [F26the Companies Act 2006 or the Insolvency Act 1986] include references to the corresponding provisions of the Building Societies Act 1986.]

Textual Amendments

[F2722BApplication of Act to incorporated friendly societies.E+W+S

(1)This Act applies to incorporated friendly societies as it applies to companies.

(2)References in this Act to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.

(3)In relation to an incorporated friendly society every reference to a shadow director shall be omitted.

(4)In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of [F28the Companies Act 2006 or the Insolvency Act 1986] include references to the corresponding provisions of the Friendly Societies Act 1992.]

Textual Amendments

[F2922CApplication of Act to NHS foundation trustsE+W+S

(1)This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act.

(2)References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted.

(3)In the application of Schedule 1 to the directors of an NHS foundation trust, references to the provisions of [F30the Companies Act 2006 or the Insolvency Act 1986] include references to the corresponding provisions of [F31Chapter 5 of Part 2 of the National Health Service Act 2006].]

Textual Amendments

F29S. 22C inserted (20.11.2003 for certain purposes and 1.4.2004 for E.W. otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 68; S.I. 2004/759, art. 2

[F3222DApplication of Act to open-ended investment companiesE+W+S

(1)This Act applies to open-ended investment companies with the following modifications.

(2)In section 8(1) (disqualification after investigation), the reference to investigative material shall be read as including a report made by inspectors under regulations made by virtue of section 262(2)(k) of the Financial Services and Markets Act 2000.

(3)In the application of Part 1 of Schedule 1 (matters for determining unfitness of directors: matters applicable in all cases) in relation to a director of an open-ended investment company, a reference to a provision of the Companies Act 2006 is to be taken to be a reference to the corresponding provision of the Open-Ended Investment Companies Regulations 2001 or of rules made under regulation 6 of those Regulations.

(4)In this section “open-ended investment company” has the meaning given by section 236 of the Financial Services and Markets Act 2000.]

Textual Amendments

[F3322E[F34Application of Act to registered societies]E+W+S

[F35(1)In this section “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”).]

(2)This Act applies to registered societies as it applies to companies.

(3)Accordingly, in this Act—

(a)references to a company include a registered society, and

(b)references to a director or an officer of a company include a member of the committee or an officer of a registered society.

In paragraph (b) “committee” and “officer” have the same meaning as in [F36the 2014 Act: see section 149 of that Act].

(4)As they apply in relation to registered societies, the provisions of this Act have effect with the following modifications—

(a)in section 2(1) (disqualification on conviction of indictable offence), the reference to striking off includes cancellation of the registration of a society under [F37the 2014 Act];

(b)in section 3 (disqualification for persistent breaches) and section 5 (disqualification on summary conviction), references to the companies legislation shall be read as references to the legislation relating to registered societies;

(c)in section 8(1) (disqualification after investigation), the reference to investigative material shall be read as including—

(i)any report made under [F38section 105 or 106 of the 2014 Act] (inspection of books or appointment of inspector), and

(ii)any information, books, accounts or other documents obtained under [F39Part 14 of the Companies Act 1985 as applied by the Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014];

(d)references to the registrar shall be read as references to the [F40Financial Conduct Authority];

(e)references to a shadow director shall be disregarded.

(5)In the application of Schedule 1 to the members of the committee of a registered society, references to provisions of the Companies Act 2006 shall be read as including references to the corresponding provisions of the legislation relating to registered societies.

[F41(6)The legislation relating to registered societies” means the Credit Unions Act 1979 and the Co-operative and Community Benefit Societies Act 2014.]]

Textual Amendments

[F4222F.Application of Act to charitable incorporated organisationsE+W

(1)This Act applies to charitable incorporated organisations (“CIOs”) as it applies to companies.

(2)Accordingly, in this Act—

(a)references to a company are to be read as including references to a CIO;

(b)references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and

(c)any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs.

(3)As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications—

(a)in section 2(1), the reference to striking off is to be read as including a reference to dissolution;

(b)in section 4(1)(a), the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012(fraudulent trading);

(c)sections 9A to 9E are to be disregarded;

(d)references to any of sections 9A to 9E are to be disregarded;

(e)references to a shadow director are to be disregarded.

(4)In the application of Schedule 1 to the charity trustees of a CIO, references to the provisions of the Companies Act 2006 are to be read as including references to the corresponding provisions (if any) of the Charities Act 2011 and regulations made under that Act.

(5)In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.]

Textual Amendments

23 Transitional provisions, savings, repeals.E+W+S

(1)The transitional provisions and savings in Schedule 3 to this Act have effect, and are without prejudice to anything in the M3Interpretation Act 1978 with regard to the effect of repeals.

(2)The enactments specified in the second column of Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.

Marginal Citations

24 Extent.E+W+S

(1)This Act extends to England and Wales and to Scotland.

(2)Nothing in this Act extends to Northern Ireland.

25 Commencement.E+W+S

This Act comes into force simultaneously with the Insolvency Act 1986.

26 Citation.E+W+S

This Act may be cited as the Company Directors Disqualification Act 1986.