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The Company Directors Disqualification (Northern Ireland) Order 2002

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  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Disqualification orders: general

    4. 4.Disqualification undertakings: general

  3. Disqualification for general misconduct in connection with companies

    1. 5.Disqualification on conviction of offence punishable only on indictment or either on conviction on indictment or on summary conviction

    2. 6.Disqualification for persistent default under companies legislation

    3. 7.Disqualification for fraud, etc., in winding up

    4. 8.Disqualification on summary conviction of offence

    5. 8A.Disqualification for certain convictions abroad

  4. Disqualification for unfitness

    1. 9.Duty of High Court to disqualify unfit directors of insolvent companies

    2. 10.Disqualification orders under Article 9: applications and acceptance of undertakings

    3. 10A.Office-holder's report on conduct of directors

    4. 11.Disqualification of director on finding of unfitness

  5. Persons instructing unfit directors

    1. 11A.Order disqualifying person instructing unfit director of insolvent company

    2. 11B.Application for order under Article 11A

    3. 11C.Disqualification undertaking instead of an order under Article 11A

    4. 11D.Order disqualifying person instructing unfit director: other cases

    5. 11E.Disqualification undertaking instead of an order under Article 11D

  6. Further provision about disqualification undertakings

    1. 12.Variation etc. of disqualification undertaking

    2. 13.Matters for determining unfitness of directors

  7. Disqualification for competition infringements

    1. 13A.Competition disqualification order

    2. 13B.Competition undertakings

    3. 13C.Competition investigations

    4. 13D.Co-ordination

    5. 13E.Interpretation

  8. Other cases of disqualification

    1. 14.Participation in wrongful trading

    2. 15.Undischarged bankrupts

    3. 16.Failure to pay under administration order

    4. 17.Persons disqualified in Great Britain

    5. 17A.Determining unfitness etc.: matters to be taken into account

  9. Consequences of contravention

    1. 18.Offences

    2. 19.Personal liability for company's debts where person acts while disqualified

  10. Compensation orders and undertakings

    1. 19A.Compensation orders and undertakings

    2. 19B.Amounts payable under compensation orders and undertakings

    3. 19C.Variation and revocation of compensation undertakings

  11. Supplementary provisions

    1. 20.Application for disqualification order

    2. 21.Application for leave under an order or undertaking

    3. 22.Register of disqualification orders and undertakings

  12. Miscellaneous and general

    1. 23.Admissibility in evidence of statements

    2. 23A.Legal professional privilege

    3. 24.Interaction with the Insolvency (Northern Ireland) Order 1989

    4. 24A.Bank insolvency

    5. 24B.Bank administration

    6. 24C.Building society insolvency and special administration

    7. 24D.Application of Order to building societies

    8. 24E.Application of Order to open-ended investment companies

    9. 25.Application of Order to incorporated friendly societies

    10. 25A.Application of Order to registered societies

    11. 25B.Application of Order to credit unions

    12. 25C.Application of Order to protected cell companies

    13. 26.Transitional provisions, savings, amendments and repeals

  13. SCHEDULES

    1. SCHEDULE 1

      DETERMINING UNFITNESS ETC: MATTERS TO BE TAKEN INTO ACCOUNT

      1. Matters to be taken into account in all cases

        1. 1.The extent to which the person was responsible for the...

        2. 2.Where applicable, the extent to which the person was responsible...

        3. 3.The frequency of conduct of the person which falls within...

        4. 4.The nature and extent of any loss or harm caused,...

      2. Additional matters to be taken into account where the person is or has been a director

        1. 5.Any misfeasance or breach of any fiduciary duty by the...

        2. 6.Any material breach of any legislative or other obligation of...

        3. 7.The frequency of conduct of the director which falls within...

      3. Interpretation

        1. 8.Paragraphs (1A) to (2A) of Article 9 apply for the...

        2. 9.In this Schedule “ director ” includes a shadow director....

    2. SCHEDULE 2

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.In this Schedule, “the commencement date” for the purposes of...

      2. 2.Where any period of time specified in any provision repealed...

      3. 3.The provision of this Schedule shall have effect without prejudice...

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Explanatory Memorandum

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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