(1)The court may make a disqualification order against a person where he is convicted of an indictable offence (whether on indictment or summarily) in connection with the promotion, formation, management [F1liquidation or striking off] of a company [F2with the receivership of a company’s property or with his being an administrative receiver of a company].
(2)“The court” for this purpose means—
(a)any court having jurisdiction to wind up the company in relation to which the offence was committed, or
(b)the court by or before which the person is convicted of the offence, or
(c)in the case of a summary conviction in England and Wales, any other magistrates’ court acting [F3in the same local justice] area;
and for the purposes of this section the definition of “indictable offence” in Schedule 1 to the M1Interpretation Act 1978 applies for Scotland as it does for England and Wales.
(3)The maximum period of disqualification under this section is—
(a)where the disqualification order is made by a court of summary jurisdiction, 5 years, and
(b)in any other case, 15 years.
Textual Amendments
F1Words in s. 2(1) substituted (1.7.1995) by 1994 c. 40, s. 39, Sch. 11 para. 6; S.I. 1995/1433, art. 3
F2Words in s. 2(1) substituted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 3; S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F3Words in s. 2(2)(c) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 30(a); S.I. 2005/910, art. 3(y)
Modifications etc. (not altering text)
C1Ss. 1, 2 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
Marginal Citations