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The Company Directors Disqualification (Northern Ireland) Order 2002

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Miscellaneous and generalN.I.

Admissibility in evidence of statementsN.I.

23.—(1) In any proceedings (whether or not under this Order), any statement made in pursuance of a requirement imposed by or under Articles [F18A to 14, 17A] or 19 [F2to 19C] or Schedule 1 or by or under rules made for the purposes of this Order under [F3the Insolvency (Northern Ireland) Order 1989], may be used in evidence against any person making or concurring in making the statement.

(2) However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—

(a)no evidence relating to the statement may be adduced, and

(b)no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Paragraph (2) applies to any offence other than—

(a)an offence which is—

(i)created by rules made for the purposes of this Order under [F4the Insolvency (Northern Ireland) Order 1989], and

(ii)designated for the purposes of this paragraph by such rules or by regulations;

(b)an offence which is—

(i)created by regulations made under any such rules, and

(ii)designated for the purposes of this paragraph by such regulations; or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (NI 19) (false statements made otherwise than on oath).

(4) Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly.

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Modifications etc. (not altering text)

C1Art. 23 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))

[F5Legal professional privilegeN.I.

23A.  In proceedings against a person for an offence under this Order nothing in this Order is to be taken to require any person to disclose any information that he is entitled to refuse to disclose on grounds of legal professional privilege.]

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Interaction with [F6the Insolvency (Northern Ireland) Order 1989]N.I.

24.—(1) Articles 4, [F78A to 14, 17A] , 18, 19 [F8to 19C] and 23 and Schedule 1, and Articles 3 and 21 as they apply for the purposes of those provisions, are deemed included in Parts II to VII of [F9the Insolvency (Northern Ireland) Order 1989] for the purposes of the following Articles of that Order—

  • Article 359 (power to make insolvency rules);

  • Article 361 (fees orders);

  • Article 364 (orders extending provisions about insolvent companies to insolvent partnerships);

  • Article 366 (modifications of such provisions in their application to recognised banks).

(2) Article 378 of that Order (Crown application) applies to Articles 4, [F78A to 14, 17A] , 18, 19 [F8to 19C] and 23 and Schedule 1, and Articles 3 and 21 as they apply for the purposes of those provisions, as it does to the provisions of that Order which are there mentioned.

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[F10Bank insolvencyN.I.

24A  Section 121 of the Banking Act 2009 provides for this Act to apply in relation to bank insolvency as it applies in relation to liquidation.]

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F10Art. 24A inserted (21.2.2009) by virtue of Banking Act 2009 (c. 1), ss. 121(4), 134, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 2

[F11Bank administrationN.I.

24B  Section 155 of the Banking Act 2009 provides for this Act to apply in relation to bank administration as it applies in relation to liquidation.]

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F11Art. 24B inserted (21.2.2009) by virtue of Banking Act 2009 (c. 1), ss. 155(4), 167, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 3

[F12Building society insolvency and special administrationN.I.

24C.  Section 90E of the Building Societies Act 1986 provides for this Act to apply in relation to building society insolvency and building society special administration as it applies in relation to liquidation.]

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[F13Application of Order to building societiesN.I.

24D.(1) This Order applies to building societies as it applies to companies.

(2) References in this Order to a company, or to a director or an officer of a company, include, respectively, references to a building society within the meaning of the Building Societies Act 1986 or to a director or officer, within the meaning of that Act, of a building society.

(3) In relation to a building society the definition of “shadow director” in Article 2(2) applies with the substitution of “building society” for “company”.

F14(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Application of Order to open-ended investment companiesN.I.

F1524E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Application of Order to incorporated friendly societiesN.I.

25 .F16—(1) This Order applies to incorporated friendly societies as it applies to companies.

(2) References in this Order to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 (c. 40) or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.

(3) In relation to an incorporated friendly society every reference to a shadow director shall be omitted.

[F17(3A) In relation to an incorporated friendly society, this Order applies as if Articles 11A to 11E were omitted.]

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F16Mod. SR 2004/307

[F19Application of Order to registered societiesN.I.

25A.[F20(1) This Order applies to registered societies within the meaning of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (“the 1969 Act”) as it applies to companies.]

(2) In its application to registered societies, this Order shall have effect as follows—

(a)references in this Order to a company, or to a director or an officer of a company shall include, respectively, references to a registered society or to a member of the committee of management or officer, within the meaning of the [F21the 1969 Act], of a registered society;

(b)in Article 5(1) “striking off of a company” shall include the cancellation of the registration of a registered society under that Act;

(c)in Articles 6(1) and 8(1) “the companies legislation” shall include that Act;

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)references to the registrar shall have effect as references to the registrar as defined in section 101(1) of that Act;

(f)references to a shadow director shall be omitted.

[F23(g)Articles 11A to 11E are to be disregarded.]

F24(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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[F25Application of Order to credit unionsN.I.

25B(1) This Order applies to credit unions as it applies to companies.

(2) Accordingly, in this Order—

(a)references to a company include a credit union,

(b)references to a director of a company include a member of the board of directors of a credit union, and

(c)references to an officer of a company include an officer of a credit union.

(3) In its application in relation to credit unions, this Order has effect as if—

(a)in Article 5(1) the reference to striking off included the cancellation of the registration of a credit union under the 1985 Order;

(b)in Articles 6(1) and 8(1) references to the companies legislation included the 1985 Order;

(c)Articles 11A to 11E were omitted;

(d)references to the registrar were to the [F26Financial Conduct Authority] ;

(e)references to a shadow director were omitted.

(4) In this Article—

  • “board of directors”, “credit union” and “officer” (in relation to a credit union) have the meaning given by Article 2(2) of the 1985 Order;

  • the 1985 Order” means the Credit Unions (Northern Ireland) Order 1985.]

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F26Words in art. 25B(3)(d) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 4 para. 7 (with art. 3)

[F27Application of Order to protected cell companiesN.I.

25C.(1) In this Article—

(a)“protected cell company” means a protected cell company incorporated under Part 4 of the Risk Transformation Regulations 2017 which has its registered office in Northern Ireland; and

(b)a reference to a part of a protected cell company is a reference to the core or a cell of the protected cell company (see regulations 42 and 43 of the Risk Transformation Regulations 2017).

(2) This Order applies to protected cell companies as it applies to companies.

(3) Accordingly, in this Order, references to a company are to be read as including references to a protected cell company.

(4) As they apply in relation to protected cell companies, the provisions of this Order have effect with the following modifications—

(a)references to the administration, insolvency, liquidation or winding up of a company are to be read as references to the administration, insolvency, liquidation or winding up of a part of a protected cell company;

(b)references to striking off are to be read as including references to dissolution;

(c)references to a director of a company which is or has been insolvent are to be read as references to the director of a protected cell company, a part of which is or has been insolvent;

(d)references to a director of a company which is being or has been wound up are to be read as references to the director of a protected cell company, a part of which is being or has been wound up;

(e)references to the companies legislation are to be read as references to Part 4 of, and Schedules 1 to 3 to, the Risk Transformation Regulations 2017;

(f)references to the Insolvency (Northern Ireland) Order 1989 are to be read as references to that Order as applied by Part 4 of, and Schedules 1 to 3 to, the Risk Transformation Regulations 2017;

(g)references to sections 452 and 456 of the Companies Act 2006 are to be read as references to those sections as applied by regulation 163 of the Risk Transformation Regulations 2017;

(h)references to the registrar of companies are to be read as references to the Financial Conduct Authority; and

(i)references to an overseas company include references to a protected cell company incorporated under the Risk Transformation Regulations 2017 which has its registered office in England and Wales (or Wales) or Scotland.

(5) Where two or more parts of a protected cell company are or have been insolvent, then Articles 9 to 10A and 11A to 11C apply in relation to each part separately.

(6) A contribution to the assets of a protected cell company given in accordance with a compensation order under Article 19A(1) or a compensation undertaking under Article 19A(2) is to be held by the protected cell company on behalf of the part of the protected cell company specified in the order or undertaking.]

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Transitional provisions, savings, amendments and repealsN.I.

26.—(1) The transitional provisions and savings in Schedule 2 shall have effect for the purposes of this Order.

(2) The statutory provisions specified in Schedule 3 shall have effect subject to the amendments specified there, being amendments consequential on the provisions of this Order.

(3) The Department may by order, subject to negative resolution, make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which it considers necessary or expedient for the purposes of this Order.

(4) An order under paragraph (3) may—

(a)modify, exclude or apply (with or without modifications) any statutory provision;

(b)make consequential amendments, repeals and revocations of any such provision.

(5) Subject to paragraph (1) and any transitory, transitional or saving provision made under paragraph (3), the statutory provisions specified in Schedule 4 are hereby repealed to the extent specified in column 2 of that Schedule.

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