5 Disqualification on summary conviction. E+W+S
(1)An offence counting for the purposes of this section is one of which a person is convicted (either on indictment or summarily) in consequence of a contravention of, or failure to comply with, any [F1provision of the companies legislation requiring a return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar of companies] [F1of the relevant provisions of the companies legislation] (whether the contravention or failure is on the person’s own part or on the part of any company).
(2)Where a person is convicted of a summary offence counting for those purposes, the court by which he is convicted (or, in England and Wales, any other magistrates’ court acting [F2in the same local justice] area) may make a disqualification order against him if the circumstances specified in the next subsection are present.
[F3(3)Those circumstances are that, during the 5 years ending with the date of the conviction, the person has had made against him, or has been convicted of, in total not less than 3 default orders and offences counting for the purposes of this section; and those offences may include that of which he is convicted as mentioned in subsection (2) and any other offence of which he is convicted on the same occasion.]
[F3(3)Those circumstances are that, during the 5 years ending with the date of the conviction, there have been no fewer than 3 relevant findings of guilt in relation to the person.
(3A)For these purposes, there is a relevant finding of guilt in relation to the person if —
(a)the person is convicted of an offence counting for the purposes of this section (including the offence of which the person is convicted as mentioned in subsection (2) and any other offence of which the person is convicted on the same occasion),
(b)a financial penalty of the kind mentioned in section 3(3)(aa) is imposed on the person, or
(c)a default order within the meaning of section 3(3)(b) is made against the person.]
(4)For the purposes of this section—
(a)the definition of “summary offence” in Schedule 1 to the M1Interpretation Act 1978 applies for Scotland as for England and Wales, [F4and
(b)“default order” means the same as in section 3(3)(b).]
[F5[F6(4A)In this section “the companies legislation” means the Companies Acts and Parts 1 to 7 of the Insolvency Act 1986 (company insolvency and winding up).]]
[F6(4A)In this section “relevant provisions of the companies legislation” has the meaning given by section 3(3B).]
[F7(4B)In this section “company” includes overseas company.]
(5)The maximum period of disqualification under this section is 5 years.
Textual Amendments
F1Words in s. 5(1) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 33(2), 219(1)(2)(b)
F2Words in s. 5(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 30(b); S.I. 2005/910, art. 3(y)
F3S. 5(3)(3A) substituted for s. 5(3) (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 33(3), 219(1)(2)(b)
F4S. 5(4)(b) and word omitted (26.10.2023 for specified purposes) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 33(4), 219(1)(2)(b)
F5S. 5(4A) 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(3) (with art. 10)
F6S. 5(4A) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 33(5), 219(1)(2)(b)
F7S. 5(4B) inserted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 6; S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
Modifications etc. (not altering text)
C1Ss. 4–6 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
Marginal Citations