The Companies (Northern Ireland) Order 1989

Supplementary provisions

Application for disqualification order

19.—(1) A person intending to apply for the making of a disqualification order by the High Court shall give not less than 10 days' notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.

(2) An application to the High Court for the making against any person of a disqualification order under any of Articles 5 to 7 may be made by the Department or the official receiver, or by the liquidator or any past or present member or creditor of any company in relation to which that person has committed or is alleged to have committed an offence or other default.

(3) On the hearing of an application made by the Department or the official receiver or the liquidator the applicant shall appear and call the attention of the High Court to any matters which seem to be relevant, and may give evidence or call witnesses.

Application for leave under an order

20.  On the hearing of an application for leave made by a person against whom a disqualification order has been made on the application of the Department, the official receiver or the liquidator, the Department, official receiver or liquidator shall appear and call the attention of the High Court to any matters which seem to be relevant, and may give evidence or call witnesses.

Register of disqualification orders

21.—(1) Where—

(a) a disqualification order is made, or

(b) any action is taken by a court in consequence of which such an order is varied or ceases to be in force, or

(c) leave is granted by the High Court for a person subject to such an order to do any thing which otherwise the order prohibits him from doing;

the clerk of the court shall furnish to the Department such particulars as may be prescribed and regulations may prescribe the time within which, and the form and manner in which, such particulars are to be furnished.

(2) The Department shall, from the particulars so furnished continue to maintain the register of disqualification orders, and of cases in which leave has been granted as mentioned in paragraph (1)(c), which was set up by it under Article 309 of the Companies Order.

(3) When an order of which entry is made in the register ceases to be in force, the Department shall delete the entry from the register and all particulars relating to it which have been furnished to it under this Article or any previous corresponding provision.

(4) The register shall be open to inspection on payment of such fee as may be prescribed.

Special savings from repealed statutory provisions

22.  Schedule 2 has effect—

(a) in connection with certain transitional cases arising under Articles 93 and 94 of the Companies (Northern Ireland) Order 1982(1), so as to limit the power to make a disqualification order, or to restrict the duration of an order, by ref-erence to events occurring or things done before those Articles came into operation,

(b) to preclude any applications for a disqualification order under Article 9 or 11, where the relevant company went into liquidation before the date of the coming into operation of this Part.

(1)

1985 c. 6