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The Company Directors Disqualification (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

  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. 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

  6. Consequences of contravention

    1. 18.Offences

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

  7. 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

  8. Miscellaneous and general

    1. 23.Admissibility in evidence of statements

    2. 24.Interaction with the Insolvency Order

    3. 25.Application of Order to incorporated friendly societies

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

  9. Signature

  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.(1) The extent of the director’s responsibility for any failure...

        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...

    3. SCHEDULE 3

      CONSEQUENTIAL AMENDMENTS

      1. The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)

        1. 1.In Article 86(1) (default of debtor), for “Article 15 of...

      2. The Insolvency Act 1986 (c. 45)

        1. 2.In section 426(10)(c) (co-operation between courts exercising jurisdiction in relation...

      3. The Companies (Northern Ireland) Order 1986 (NI 6)

        1. 3.In Article 2A (relationship of Companies Order to Insolvency Order)—...

        2. 4.In Article 434(1) (inspector’s report to be evidence) for “Article...

        3. 5.In Article 442(1)(b) (provision for security of information obtained) for...

      4. The Insolvency (Northern Ireland) Order 1989 (NI 19)

        1. 6.For Article 349(4)(b) (persons not qualified to act as insolvency...

        2. 7.In Schedule 5 (provisions capable of inclusion in company insolvency...

      5. The Electricity (Northern Ireland) Order 1992 (NI 1)

        1. 8.In Article 73(6) (initial Government holding in the companies), for...

      6. The Airports (Northern Ireland) Order 1994 (NI 1)

        1. 9.In Article 57(6) (initial Government holding in the successor company),...

      7. The Pensions (Northern Ireland) Order 1995 (NI 22)

        1. 10.In Article 4(1)(e) (suspension orders), for “Part II of the...

        2. 11.In Article 29(1)(f) (persons disqualified for being trustees of trust...

        3. 12.In Article 106(2)(c) (permitted disclosure of restricted information), for “Article...

      8. The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

        1. 13.In Article 12(6) (official receiver), in the definition of “the...

        2. 14.In Schedule 3 (functions of official receiver which cannot be...

    4. SCHEDULE 4

      REPEALS

  11. Explanatory Note

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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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