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The Companies (Disqualification Orders) Regulations (Northern Ireland) 2010

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Statutory Rules of Northern Ireland

2010 No. 184

Companies

The Companies (Disqualification Orders) Regulations (Northern Ireland) 2010

Made

17th May 2010

Coming into operation

18th June 2010

The Department of Enterprise, Trade and Investment(1) makes the following Regulations in exercise of the powers conferred upon it by Article 22(1) of the Company Directors Disqualification (Northern Ireland) Order 2002(2).

Citation and commencement

1.  These Regulations may be cited as the Companies (Disqualification Orders) Regulations (Northern Ireland) 2010 and shall come into operation on 18th June 2010.

Interpretation

2.  In these Regulations—

“disqualification order” means an order of the court under any of Articles 5 to 9, 11, 13A and 14 of the Order;

“disqualification undertaking” means an undertaking accepted by the Department under Article 10, 11 or 13B 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), 4(1)(a) or 13B(4) of the Order;

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

Revocation

3.  The Companies (Disqualification Orders) Regulations (Northern Ireland) 2003(3) are hereby revoked.

Application

4.  These Regulations apply—

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

(b)in relation to—

(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 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 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 in relation to a disqualification order or a disqualification undertaking, 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 is 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 is the period of 14 days beginning with the day on which the disqualification order or grant of leave is made, or on which action is taken by the Court in consequence of which the disqualification order or disqualification undertaking is varied or ceases to be in force.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 17th May 2010.

Legal seal

Michael J. Bohill

A senior officer of the Department of Enterprise, Trade and Investment

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations revoke and replace the Companies (Disqualification Orders) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 347) (“the 2003 Regulations”). They come into operation on 18th June 2010, 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) is varied or ceases to have effect.

The Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)(“the Order”) 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, for a specified period, they will not—

(a)without the leave of the 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; or

(b)act as an insolvency practitioner.

These Regulations prescribe the particulars of—

(c)disqualification orders;

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

(e)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.

Key changes from the 2003 Regulations are:

(f)the forms in Schedules 1 to 4 have been amended so as to provide for particulars in relation to competition disqualification orders made under Article 13A of the Order to be furnished to the Department of Enterprise, Trade and Investment and the Secretary of State; and

(g)the interpretation has been amended to take account of Articles 13A and 13B of the Order which deal with competition disqualification orders and undertakings.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

Formerly the Department of Economic Development; S.I. 1999/283 (N.I. 1), Article 3(5)

(2)

S.I. 2002/3150 (N.I. 4), as amended by the Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 S.I. 2005/1454 (N.I. 9)).

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