The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004

Disqualification of a member of an insolvent partnership after investigation

25.  In Schedule 8 to the Insolvent Partnerships Order (Northern Ireland) 1995 (provisions of Part II of the Companies (Northern Ireland) Order 1989 which apply with modifications for the purposes of Article 16), for the text of paragraphs (1) and (2) of Article 11 of the Companies (Northern Ireland) Order 1989 (as modified by that paragraph) substitute—

“(1) If it appears to the Department from—

(a) a report made by an inspector or person appointed to conduct an investigation under a provision mentioned in paragraph (1A), or

(b) information or documents obtained under a provision mentioned in paragraph (1B),

that it is expedient in the public interest that a disqualification order should be made against any person who is or has been an officer of an insolvent partnership, it may apply to the High Court for such an order to be made against that person.

(2) The provisions are—

(a) Article 430 of the Companies Order,

(b) section 167, 168, 169(1)(b) or 284 of the Financial Services and Markets Act 2000, or

(c) regulations made as a result of section 262(2)(k) of that Act.

(2A) The provisions are—

(a) Articles 440 or 441 of the Companies Order,

(b) section 2 of the Criminal Justice Act 1987(1),

(c) section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995(2),

(d) section 83 of the Companies Act 1989(3), or

(e) section 171 or 173 of the Financial Services and Markets Act 2000.”.

(1)

1987 c. 38.

(2)

1995 c. 39.

(3)

1989 c. 40.