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The Company Directors Disqualification (Northern Ireland) Order 2002

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Undischarged bankruptsN.I.

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15.[F1(1) It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when any of the circumstances mentioned in paragraph (1A) apply to the person.

(1A) The circumstances are—

(a)the person is an undischarged bankrupt—

(i)in Northern Ireland, or

(ii)in England and Wales or Scotland,

(b)a bankruptcy restrictions order or undertaking is in force in respect of the person under—

(i)the Insolvency (Northern Ireland) Order 1989, or

(ii)the Bankruptcy (Scotland) Act 1985 [F2or 2016] or the Insolvency Act 1986,

(c)a debt relief restrictions order or undertaking is in force in respect of the person under—

(i)the Insolvency (Northern Ireland) Order 1989, or

(ii)the Insolvency Act 1986,

(d)a moratorium period under a debt relief order applies in relation to the person under—

(i)the Insolvency (Northern Ireland) Order 1989, or

(ii)the Insolvency Act 1986.

(1B) In paragraph (1) “the court” means—

(a)for the purposes of sub-paragraphs (a)(i), (b)(i), (c)(i) and (d)(i) of paragraph (1A), the High Court,

(b)for the purposes of paragraph (1A)(a)(ii)—

(i)the court by which the person was adjudged bankrupt, or

(ii)in Scotland, the court by which sequestration of the person's estate was awarded or, if awarded other than by the court, the court which would have jurisdiction in respect of sequestration of the person's estate,

(c)for the purposes of paragraph (1A)(b)(ii)—

(i)the court which made the order,

(ii)in Scotland, if the order has been made other than by the court, the court to which the person may appeal against the order, or

(iii)the court to which the person may make an application for annulment of the undertaking,

(d)for the purposes of paragraph (1A)(c)(ii)—

(i)the court which made the order, or

(ii)the court to which the person may make an application for annulment of the undertaking,

(e)for the purposes of paragraph (1A)(d)(ii), the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).]

(2) The leave of the High Court shall not be given unless notice of intention to apply for it has been served on the official receiver and the official receiver shall, if he is of opinion that it is contrary to the public interest that the application should be granted, attend on the hearing of the application and oppose it.

[F3(3) In this Article “company” includes a company incorporated outside Northern Ireland that has an established place of business in Northern Ireland.]

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F1Art. 15(1)-(1B) substituted for art. 15(1) (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 114, 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 12)

Modifications etc. (not altering text)

C1Art. 15 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))

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Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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