The Companies (Disqualification Orders) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 347

COMPANIES

The Companies (Disqualification Orders) Regulations (Northern Ireland) 2003

Made

22nd July 2003

Coming into operation

5th September 2003

The Department of Enterprise, Trade and Investment, in exercise of the powers conferred on it by Article 22(1) of the Company Directors Disqualification (Northern Ireland) Order 2002(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Companies (Disqualification Orders) Regulations (Northern Ireland) 2003 and shall come into operation on 5th September 2003.

Interpretation

2.  In these Regulations –

“disqualification order” means an order of the court under any of Articles 5 to 9, 11 and 14 of the Order;

“disqualification undertaking” means an undertaking accepted by the Department under Article 10 or 11 of the Order;

“grant of leave” means a grant by the High Court of leave to any person in relation to a disqualification order or a disqualification undertaking for the purposes of Article 3(1)(a) or 4(1)(a) of the Order;

“the Order” means the Company Directors Disqualification (Northern Ireland) Order 2002.

Revocation

3.  The Companies (Disqualification Orders) Regulations (Northern Ireland) 1991(2) are hereby revoked.

Application

4.  These Regulations apply in relation to –

(a) a disqualification order made after the coming into operation of these Regulations; and

(b) (i) a grant of leave made after the coming into operation of these Regulations; or

(ii) any action taken by a court after the coming into operation of these Regulations in consequence of which a disqualification order or a disqualification undertaking is varied or ceases to be in force,

whether the disqualification order or disqualification undertaking to which, as the case may be, the grant of leave or the action relates was made by the court or accepted by the Department before or after the coming into operation of these Regulations.

Forms

5.—(1) The form set out in Schedule 1 is the form prescribed for the purpose of Article 22(1)(a) of the Order where the person against whom the disqualification order is made is an individual, and the particulars contained therein are the particulars prescribed for that purpose.

(2) The form set out in Schedule 2 is the form prescribed for the purpose of Article 22(1)(a) of the Order where the person against whom the disqualification order is made is a body corporate, and the particulars contained therein are the particulars prescribed for that purpose.

(3) The form set out in Schedule 3 is the form prescribed for the purpose of Article 22(1)(c) and (d) of the Order where a grant of leave is made by the High Court, and the particulars contained therein are the particulars prescribed for that purpose.

(4) The form set out in Schedule 4 is the form prescribed for the purpose of Article 22(1)(b) of the Order where any action is taken by a court in consequence of which a disqualification order or a disqualification undertaking is varied or ceases to be in force, and the particulars contained therein are the particulars prescribed for that purpose.

Time for delivery of particulars

6.  The time within which the clerk of the court is to furnish to the Department and to the Secretary of State the particulars prescribed by regulation 5 shall be a period of 14 days beginning with the day on which the disqualification order or grant of leave is made, or any action is taken by a court in consequence of which the disqualification order or disqualification undertaking is varied or ceases to be in force, as the case may be.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 22nd July 2003.

L.S.

Michael J. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Regulation 5(1)

SCHEDULE 1

Regulation 5(2)

SCHEDULE 2

Regulation 5(3)

SCHEDULE 3

Regulation 5(4)

SCHEDULE 4

Explanatory Note

(This note is not part of the Regulations).

These Regulations revoke and replace the Companies (Disqualification Orders) Regulations (Northern Ireland) 1991 (S.R. 1991 No. 413) (“the 1991 Regulations”) and take into account certain changes which were introduced by the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4) (“the CDDO”) which repealed and re-enacted with amendments Part II of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)). They come into operation on 5th September 2003, and apply to any disqualification order made after that date, and to any grant of leave or action taken by a court after that date in consequence of which a disqualification order or undertaking (whenever made or accepted, as the case may be) is varied or ceases to have effect.

The CDDO gives specified courts power to make a disqualification order against and, gives the Department of Enterprise, Trade and Investment (“the Department”) power to accept an undertaking from, any person that he shall not, without the leave of the High Court, be a director of a company, act as a receiver of a company’s property or in any way take part in the promotion, formation or management of a company; and shall not act as an insolvency practitioner.

These Regulations prescribe the particulars of –

(a) disqualification orders;

(b) the granting of leave in relation to such orders or disqualification undertakings; and

(c) any action taken by a court in consequence of which such orders or undertakings are varied or cease to be in force;

which court clerks are required to furnish to the Department and the Secretary of State. They also prescribe the form, and time within which, such particulars are to be furnished.

(1)

S.I. 2002/3150 (N.I. 4)

(2)

S.R. 1991 No. 413