[F18ZCDisqualification undertaking instead of an order under section 8ZAE+W+S
(1)If it appears to the Secretary of State that it is expedient in the public interest to do so, the Secretary of State may accept a disqualification undertaking from a person (“P”) if—
(a)any of the following is the case—
(i)a disqualification order under section 6 has been made against a person who is or has been a director (but not a shadow director) of a company,
(ii)the Secretary of State has accepted a disqualification undertaking from such a person under section 7(2A), or
(iii)it appears to the Secretary of State that such an undertaking could be accepted from such a person (if one were offered), and
(b)it appears to the Secretary of State that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2)For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a)for which the main transgressor is subject to the disqualification order made under section 6,
(b)in relation to which the disqualification undertaking was accepted from the main transgressor under section 7(2A), or
(c)which led the Secretary of State to the conclusion set out in subsection (1)(a)(iii),
was the result of the main transgressor acting in accordance with P's directions or instructions.
(3)But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4)Subsection (4) of section 7 applies for the purposes of this section as it applies for the purposes of that section.]
Textual Amendments
F1Ss. 8ZA-8ZE and cross-heading 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), ss. 105, 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(c) (with Sch. para. 1)
Modifications etc. (not altering text)
C1Ss. 6-10 applied (with modifications) by S.I. 1994/2421, art. 16, Sch. 8 (as amended (E.W.) (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 paras. 4, 8)