Companies (Audit, Investigations and Community Enterprise) Act 2004

46 Removal of director E+W+S

(1) The Regulator may by order remove a director of a community interest company.

(2) If a person has been removed under subsection (1)—

(a) the company may not subsequently appoint him a director of the company, and

(b) any assignment to the person of the office of director of the company is of no effect (even if approved by special resolution of the company).

(3) The Regulator may by order suspend a director of the company pending a decision whether to remove him.

(4) The maximum period for which a director may be suspended under subsection (3) is one year.

(5) If the Regulator suspends a director under subsection (3) the Regulator may give directions in relation to the performance of the director’s functions.

(6) The Regulator may discharge an order made under subsection (1).

(7) The discharge of an order made under subsection (1) does not reinstate the person removed by the order as a director of the company, but on the discharge of the order subsection (2) ceases to apply to the person.

(8) The Regulator must from time to time review any order made under subsection (3) and, if it is appropriate to do so, discharge the order.

(9) Before making an order under subsection (1) or (3) in relation to a director, the Regulator must give at least 14 days' notice to—

(a) the director, and

(b) the company.

(10) Where an order is made in relation to a director under subsection (1) or (3) the director may appeal against the order—

(a) in England and Wales [F1 or Northern Ireland], to the High Court, or

(b) in Scotland, to the Court of Session.

(11) The Regulator must, before the end of the period of 14 days beginning with the date on which—

(a) an order under subsection (1) is made or discharged,

(b) an order under subsection (3) is made or discharged or expires, or

(c) an order under subsection (1) or (3) is quashed on appeal,

give notification of that event to the registrar of companies in a form approved by the registrar of companies.

(12) Where subsection (11) imposes an obligation to notify the registrar of companies of an event, [F2 section 167(1)(a) of the Companies Act 2006] (requirement that company notify change among directors to registrar) does not apply in respect of the event.

Textual Amendments

F1 Words in s. 46(10)(a) inserted (6.4.2007) by The Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 1(3), Sch. 4 para. 14(a) (with art. 11(1))

F2 Words in s. 46(12) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 232 (with art. 10)

Commencement Information

I1 S. 46 in force at 1.7.2005 by S.I. 2004/3322, art. 2(3), Sch. 3