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Introductory Text
Preliminary
1.Disqualification orders: general.
1A.Disqualification undertakings: general.
Disqualification for general misconduct in connection with companies
2.Disqualification on conviction of indictable offence.
3.Disqualification for persistent breaches of companies legislation.
4.Disqualification for fraud, etc., in winding up.
5.Disqualification on summary conviction.
5A.Disqualification for certain convictions abroad
Disqualification for unfitness
6.Duty of court to disqualify unfit directors ....
7.Disqualification orders under section 6: applications and acceptance of undertakings
7A.Office-holder's report on conduct of directors
8.Disqualification of director on finding of unfitness.
Persons instructing unfit directors
8ZA.Order disqualifying person instructing unfit director ...
8ZB.Application for order under section 8ZA
8ZC.Disqualification undertaking instead of an order under section 8ZA
8ZD.Order disqualifying person instructing unfit director: other cases
8ZE.Disqualification undertaking instead of an order under section 8ZD
Disqualification for promoting tax avoidance
8ZF.Disqualification following winding up under s.85 of Finance Act 2022
8ZG.Disqualification on finding of unfitness: promoters of tax avoidance
Further provision about disqualification undertakings
8A.Variation etc. of disqualification undertaking.
9.Matters for determining unfitness of directors.
Disqualification for competition infringements
9A.Competition disqualification order
9B.Competition undertakings
9C.Competition investigations
9D.Co-ordination
9E.Interpretation
Other cases of disqualification
10.Participation in wrongful trading.
11.Undischarged bankrupts.
11A.Designated persons under sanctions legislation
12.Failure to pay under county court administration order.
12A.Northern Irish disqualification orders.
12B.Northern Irish disqualification undertakings
12C.Determining unfitness etc: matters to be taken into account
Consequences of contravention
13.Criminal penalties.
14.Offences by body corporate.
15.Personal liability for company’s debts where person acts while disqualified.
Compensation orders and undertakings
15A.Compensation orders and undertakings
15B.Amounts payable under compensation orders and undertakings
15C.Variation and revocation of compensation undertakings
Supplementary provisions
16.Application for disqualification order.
17.Application for leave under an order or undertaking.
18.Register of disqualification orders and undertakings.
19.Special savings from repealed enactments.
Miscellaneous and general
20.Admissibility in evidence of statements.
20A.Legal professional privilege
21.Interaction with Insolvency Act 1986 etc.
21A.Bank insolvency
21B.Bank administration
21C.Building society insolvency and special administration
22.Interpretation.
22A.Application of Act to building societies.
22B.Application of Act to incorporated friendly societies.
22C.Application of Act to NHS foundation trusts
22D.Application of Act to open-ended investment companies
22E.Application of Act to registered societies
22F.Application of Act to charitable incorporated organisations
22G.Application of Act to further education bodies
22H.Application of Act to protected cell companies
22I.Power to amend application of Act in relation to relevant entities
23.Transitional provisions, savings, repeals.
24.Extent.
25.Commencement.
26.Citation.
SCHEDULES
SCHEDULE 1
Determining unfitness etc: matters to be taken into account
Matters to be taken into account in all cases
1.The extent to which the person was responsible for the...
2.Where applicable, the extent to which the person was responsible...
3.The frequency of conduct of the person which falls within...
4.The nature and extent of any loss or harm caused,...
Additional matters to be taken into account where person is or has been a director
5.Any misfeasance or breach of any fiduciary duty by the...
6.Any material breach of any legislative or other obligation of...
7.The frequency of conduct of the director which falls within...
Interpretation
8.Subsections (1A) to (2A) of section 6 apply for the...
9.In this Schedule “ director ” includes a shadow director....
SCHEDULE 2
Savings from Companies Act 1981 ss. 93, 94, and Insolvency Act 1985 Schedule 9
1.Sections 2 and 4(1)(b) do not apply in relation to...
2.Subject to paragraph 1— (a) section 2 applies in a...
3.Subject to paragraph 1, section 4 applies in relation to...
4.The powers of a court under section 5 are not...
5.For purposes of section 3(1) and section 5, no account...
6.An order made under section 28 of the Companies Act...
7.Where— (a) an application is made for a disqualification order...
8.An application shall not be made under section 8 of...
SCHEDULE 3
Transitional Provisions and Savings
1.In this Schedule, “the former enactments” means so much of...
2.So far as anything done or treated as done under...
3.Where any period of time specified in a provision of...
4.Where in any provision of this Act there is a...
5.Offences committed before the appointed day under any provision of...
6.A reference in any enactment, instrument or document (whether express...
SCHEDULE 4
Repeals