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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

  4. Disqualification for unfitness

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

    2. 10.Disqualification order or undertaking; and reporting provisions

    3. 11.Disqualification after investigation of company

    4. 12.Variation etc. of disqualification undertaking

    5. 13.Matters for determining unfitness of directors

  5. Disqualification for competition infringements

    1. 13A.Competition disqualification order

    2. 13B.Competition undertakings

    3. 13C.Competition investigations

    4. 13D.Co-ordination

    5. 13E.Interpretation

  6. 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

  7. Consequences of contravention

    1. 18.Offences

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

  8. 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

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

  10. SCHEDULES

    1. SCHEDULE 1

      MATTERS FOR DETERMINING UNFITNESS OF DIRECTORS

      1. PART I MATTERS APPLICABLE IN ALL CASES

        1. 1.Any misfeasance or breach of any fiduciary or other duty...

        2. 2.Any misapplication or retention by the director of, or any...

        3. 3.The extent of the director's responsibility for the company entering...

        4. 4.The extent of the director's responsibility for any failure by...

        5. 5.The extent of the director's responsibility for any failure by...

        6. 6.In the application of this Part in relation to any...

        7. 7.In the application of this Schedule to the directors of...

      2. PART II MATTERS APPLICABLE WHERE COMPANY HAS BECOME INSOLVENT

        1. 8.The extent of the director's responsibility for the causes of...

        2. 9.The extent of the director's responsibility for any failure by...

        3. 10.The extent of the director's responsibility for the company entering...

        4. 11.The extent of the director's responsibility for any failure by...

        5. 12.Any failure by the director to comply with any obligation...

    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...

      1. Schedule 3—Amendments

      1. Schedule 4—Repeals

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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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