(1)Where the court makes a declaration under section 213 or 214 of the Insolvency Act that a person is liable to make a contribution to a company’s assets, then, whether or not an application for such an order is made by any person, the court may, if it thinks fit, also make a disqualification order against the person to whom the declaration relates.
(2)The maximum period of disqualification under this section is 15 years.
Modifications etc. (not altering text)
C1Ss. 9, 10 extended (with modifications) by S.I. 1986/2142, art. 6
C2Ss. 9, 10 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
C3S. 10 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
[F1(1)It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when—
(a)he is an undischarged bankrupt, or
(b)a bankruptcy restrictions order is in force in respect of him.]
(2)“The court” for this purpose is the court by which the person was adjudged bankrupt or, in Scotland, sequestration of his estates was awarded.
(3)In England and Wales, the leave of the court shall not be given unless notice of intention to apply for it has been served on the official receiver; and it is the latter’s duty, if he is of opinion that it is contrary to the public interest that the application should be granted, to attend on the hearing of the application and oppose it.
Textual Amendments
F1S. 11(1) substituted (1.4.2004) by 2002 c. 40, ss. 257(3), 279, Sch. 21 para. 5; S.I. 2003/2093, art. 2(2), Sch. 2 (subject to transitional provisions in arts. 3-8 (as amended by S.I. 2003/2332, art. 2))
Modifications etc. (not altering text)
C4Ss. 11, 12(2) extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
(1)The following has effect where a court under section 429 of the Insolvency Act revokes an administration order under Part VI of the M1County Courts Act 1984.
(2)A person to whom that section applies by virtue of the order under section 429(2)(b) shall not, except with the leave of the court which made the order, act as director or liquidator of, or directly or indirectly take part or be concerned in the promotion, formation or management of, a company.
Modifications etc. (not altering text)
C5Ss. 11, 12(2) extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
Marginal Citations
A person subject to a disqualification order under Part II of the M2Companies (Northern Ireland) Order 1989—
(a)shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the High Court of Northern Ireland, and
(b)shall not act as an insolvency practitioner.]
Textual Amendments
F2S. 12A inserted (2.4.2001) by 2000 c. 39, s. 7(1); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
Marginal Citations
A person subject to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002–
(a)shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the High Court of Northern Ireland, and
(b)shall not act as an insolvency practitioner.]
Textual Amendments
F3S. 12B inserted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(2) (with art. 1(2))