The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004

• Citation: S.I. 2004/1941
• Sections: 14

Section 1 Citation and commencement

(1) This Order may be cited as the Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004.

(2) This Order shall come into force on 1st September 2004 and the amendments made by it shall only apply in relation to disqualification undertakings under the Company Directors Disqualification (Northern Ireland) Order 2002 accepted on or after that date.

Section 2 Modification of Company Directors Disqualification Act 1986

(1) The Company Directors Disqualification Act 1986 is amended as follows.

(2) After section 12A (Northern Irish disqualification orders) insert–

Northern Irish disqualification undertakings

(12B) A person subject to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002–

(a) shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the High Court of Northern Ireland, and

(b) shall not act as an insolvency practitioner.

(3) In section 13 (criminal penalties) for “or 12A” substitute “, 12A or 12B”.

(4) In section 14(1) (offences by body corporate) after “12A” insert “or 12B”.

(5) In section 15 (personal liability for company’s debts where person acts while disqualified)–

(a) in subsection (1)–

(i) in paragraph (a) for “or 12A” substitute “, 12A or 12B”,

(ii) in paragraph (b) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”, and

(b) in subsection (5) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

(6) In section 18(4A) (register of disqualification orders) at the end insert “or disqualification undertakings made under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 3 Consequential provisions

The Schedule to this Order which makes consequential amendments to the enactments amended by Part II of Schedule 4 to the Insolvency Act 2000 (c. 39) shall have effect.

Section 1

The Insolvency Act 1986 is amended as follows.

Section 2

In section 389A(3)(b) (authorisation of nominees and supervisors) after “1989” insert “or a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 3

In section 390(4)(b) (persons not qualified to act as insolvency practitioners) after “1989” insert “or to a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 4

In section 8(1)(d) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (persons disqualified from being concerned in the management or control of a recognised body) after “1989” insert “or to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 5

In section 72 of the Charities Act 1993 (persons disqualified for being trustees of a charity)–

(a) in subsection (1)(f) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”,

(b) in subsection (3)(aa) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”, and

(c) in sub-paragraph (ii) of subsection 4(a) for “or 12A” substitute “,12A or 12B” and after “orders” insert “; Northern Irish disqualification undertakings”.

Section 6

In section 29(1)(f) of the Pensions Act 1995 (persons disqualified for being trustees of trust schemes) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 7

In paragraph 11(1)(c) of Schedule 2, and paragraph 7(1)(c) of Schedule 2A to the Police Act 1996 (persons disqualified for being members of police authorities) after “1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 8

In paragraph 4(2)(b) of Schedule 1 to the Housing Act 1996 (powers to remove directors, trustees etc. of registered social landlords) at the end insert “or disqualification undertaking under the Companies Directors Disqualification (Northern Ireland) Order 2002”.

Section 9

The Police Act 1997 is amended as follows.

Section 10

In section 91(7)(b) (commissioners for the purposes of Part III) at the end insert “or under the Company Directors Disqualification (Northern Ireland) Order 2002”.

Section 11

In paragraph 3(1)(c) of Schedule 2 (members of Service Authorities) after “Order 1989” insert “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002”.