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- Point in Time (01/10/2009)
- Original (As enacted)
Version Superseded: 14/03/2012
Point in time view as at 01/10/2009.
There are currently no known outstanding effects for the Insolvency Act 2000,
SCHEDULE 4.
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Section 8.
Commencement Information
I1Sch. 4 wholly in force at 2.4.2001, see s. 16(1) and S.I. 2001/766, art. 2(1)(a) (subject to art. 3)
1E+W+SThe M1Company Directors Disqualification Act 1986 is amended in accordance with this Part.
Marginal Citations
2E+W+SIn section 1(3) (disqualification orders), after “an order” there is inserted “ or to a disqualification undertaking ” and after “those orders” there is inserted “ or, as the case may be, in the order and the undertaking ”.
3E+W+SIn section 2(1) (disqualification on conviction of indictable offence), for the words following “a company” there is substituted “ with the receivership of a company’s property or with his being an administrative receiver of a company ”.
4E+W+SIn section 4 (disqualification for fraud, etc., in winding up), in subsection (1)(b), for “or receiver or manager of its property” there is substituted “ receiver of the company’s property or administrative receiver of the company ” and for “receiver or manager” (in the second place) there is substituted “ receiver or administrative receiver ”.
5(1)In section 6 (disqualification of unfit directors)—E+W+S
(a)for subsection (3) there is substituted—
“(3)In this section and section 7(2), “the court” means—
(a)where the company in question is being or has been wound up by the court, that court,
(b)where the company in question is being or has been wound up voluntarily, any court which has or (as the case may be) had jurisdiction to wind it up,
(c)where neither of the preceding paragraphs applies but an administration order has at any time been made, or an administrative receiver has at any time been appointed, in relation to the company in question, any court which has jurisdiction to wind it up.
(3A)Sections 117 and 120 of the M2Insolvency Act 1986 (jurisdiction) shall apply for the purposes of subsection (3) as if the references in the definitions of “registered office” to the presentation of the petition for winding up were references—
(a)in a case within paragraph (b) of that subsection, to the passing of the resolution for voluntary winding up,
(b)in a case within paragraph (c) of that subsection, to the making of the administration order or (as the case may be) the appointment of the administrative receiver.
(3B)Nothing in subsection (3) invalidates any proceedings by reason of their being taken in the wrong court; and proceedings—
(a)for or in connection with a disqualification order under this section, or
(b)in connection with a disqualification undertaking accepted under section 7,
may be retained in the court in which the proceedings were commenced, although it may not be the court in which they ought to have been commenced.
(3C)In this section and section 7, “director” includes a shadow director”.
Marginal Citations
6E+W+SIn section 7 (applications to court under section 6; reporting provisions)—
(a)in subsection (1)(b), after “being” there is inserted “ or has been ”,
(b)for the sidenote there is substituted “ Disqualification order or undertaking; and reporting provisions ”.
7E+W+SIn section 9 (matters for determining unfitness of directors)—
(a)in subsection (1), “or shadow director” is omitted,
(b)at the end of subsection (2) there is inserted “ and in this section and that Schedule “director” includes a shadow director ”.
8E+W+SIn section 13 (criminal penalties)—
(a)after “disqualification order or” there is inserted “ disqualification undertaking or in contravention ”,
(b)after “12(2)” there is inserted “ or 12A ”.
9E+W+SIn section 14(1) (offences by body corporate), after “disqualification order” there is inserted “ or disqualification undertaking or in contravention of section 12A ”.
10(1)Section 15 (personal liability for company’s debts where person acts while disqualified) is amended as follows.E+W+S
(2)In subsection (1)—
(a)in paragraph (a), after “disqualification order or” there is inserted “ disqualification undertaking or in contravention ” and after “11” there is inserted “ or 12A ”,
(b)in paragraph (b), after “disqualification order” there is inserted “ or disqualification undertaking or a disqualification order under Part II of the M3Companies (Northern Ireland) Order 1989 ”.
(3)In subsection (5), after “disqualification order” there is inserted “ or disqualification undertaking or a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 ”.
Marginal Citations
11(1)In section 16 (application for disqualification order), in subsection (2), for “5” there is substituted “ 4 ”.E+W+S
12(1)For section 17 (application for leave under an order) there is substituted—E+W+S
(1)Where a person is subject to a disqualification order made by a court having jurisdiction to wind up companies, any application for leave for the purposes of section 1(1)(a) shall be made to that court.
(2)Where—
(a)a person is subject to a disqualification order made under section 2 by a court other than a court having jurisdiction to wind up companies, or
(b)a person is subject to a disqualification order made under section 5,
any application for leave for the purposes of section 1(1)(a) shall be made to any court which, when the order was made, had jurisdiction to wind up the company (or, if there is more than one such company, any of the companies) to which the offence (or any of the offences) in question related.
(3)Where a person is subject to a disqualification undertaking accepted at any time under section 7 or 8, any application for leave for the purposes of section 1A(1)(a) shall be made to any court to which, if the Secretary of State had applied for a disqualification order under the section in question at that time, his application could have been made.
(4)But where a person is subject to two or more disqualification orders or undertakings (or to one or more disqualification orders and to one or more disqualification undertakings), any application for leave for the purposes of section 1(1)(a) or 1A(1)(a) shall be made to any court to which any such application relating to the latest order to be made, or undertaking to be accepted, could be made.
(5)On the hearing of an application for leave for the purposes of section 1(1)(a) or 1A(1)(a), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.”
13(1)Section 18 (register of disqualification orders) is amended as follows.E+W+S
(2)In subsection (1)—
(a)in paragraph (b), after “order” there is inserted “ or a disqualification undertaking ”,
(b)after paragraph (c) there is inserted “or
(d)leave is granted by a court for a person subject to such an undertaking to do anything which otherwise the undertaking prohibits him from doing”.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (3)—
(a)after “order” there is inserted “ or undertaking ”,
(b)at the end there is inserted—
“and, in the case of a disqualification undertaking, any other particulars he has included in the register”.
(5)After subsection (4) there is inserted—
“(4A)Regulations under this section may extend the preceding provisions of this section, to such extent and with such modifications as may be specified in the regulations, to disqualification orders made under Part II of the M4Companies (Northern Ireland) Order 1989.”
(6)For the sidenote there is substituted “ Register of disqualification orders and undertakings ”.
Textual Amendments
F1Sch. 4 para. 13(3) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Marginal Citations
14(1)Section 21 (interaction with Insolvency Act 1986) is amended as follows.E+W+S
(2)In subsection (2)—
(a)after “Sections” there is inserted “ 1A ”,
(b)after “10” there is inserted “ 13, 14 ”,
(c)after “this Act” there is inserted “ and sections 1 and 17 of this Act as they apply for the purposes of those provisions ”.
(3)In subsection (3)—
(a)after “sections” there is inserted “ 1A ”,
(b)after “10” there is inserted “ 13, 14 ”,
(c)after “this Act” there is inserted “ and sections 1 and 17 of this Act as they apply for the purposes of those provisions ”.
15(1)Section 22 (interpretation) is amended as follows.E+W+S
(2)At the end of subsection (3) there is inserted “ and references to acting as an insolvency practitioner are to be read in accordance with section 388 of that Act ”.
(3)In subsection (4), the words following “called” are omitted.
16(1)The Insolvency Act 1986 is amended as follows.U.K.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 426(10) (co-operation between courts)—
(a)in paragraph (a)—
(i)after “provision” there is inserted “ extending to England and Wales and ”,
(ii)after “sections” there is inserted “ 1A ”,
(iii)for “12, 15” there is substituted “ 12 to 15 ”,
(iv)for “and extending to England and Wales” there is substituted “ and sections 1 to 17 of that Act as they apply for the purposes of those provisions of that Act ”,
(b)in paragraph (b)—
(i)after “sections” there is inserted “ 1A ”,
(ii)for “12, 15” there is substituted “ 12 to 15 ”,
(iii)after “1986” there is inserted “ and sections 1 to 17 of that Act as they apply for the purposes of those provisions of that Act ”.
Textual Amendments
F317E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
18E+W+SIn section 72 of the Charities Act 1993 (persons disqualified for being trustees of a charity)—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for subsection (3)(a) there is substituted—
“(a)in the case of a person subject to a disqualification order or disqualification undertaking under the M5Company Directors Disqualification Act 1986, leave for the purposes of section 1(1)(a) or 1A(1)(a) of that Act has been granted for him to act as director of the charity,
(aa)in the case of a person subject to a disqualification order under Part II of the Companies (Northern Ireland) Order 1989, leave has been granted by the High Court in Northern Ireland for him to act as director of the charity”,
(c)in subsection (4)(a)—
(i)in sub-paragraph (i), after “disqualification order” there is inserted “ or disqualification undertaking ”,
(ii)in sub-paragraph (ii), for “or 12(2)” there is substituted “ 12(2) or 12A ” and after “order” there is inserted “ Northern Irish disqualification orders ”.
Textual Amendments
F4Sch. 4 para. 18(a) repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)
Marginal Citations
F519E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 4 paras. 19-21 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)
F620E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 4 para. 20 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(iii) (with art. 7)
F521E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 4 paras. 19-21 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)
22(1)The Police Act 1997 is amended as follows.U.K.
(2)In section 91 (Commissioners for the purposes of Part III), at the end of subsection (7)(b) there is inserted “ or his disqualification undertaking is accepted under section 7 or 8 of the M6Company Directors Disqualification Act 1986 ”.
(3)In Schedule 2 (members of Service Authorities), in paragraph 3(1)(c)—
(a)after “disqualification order” there is inserted “ or disqualification undertaking ”,
(b)after “1986 or” there is inserted “ to a disqualification order under ”.
Marginal Citations
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