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Commencement Orders bringing legislation that affects this Act into force:
F1(1) In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections 6 to 10, 15 or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act, may be used in evidence against any person making or concurring in making the statement.
[F2(2)However, in criminal proceedings in which any such person is charged with an offence to which this subsection 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)Subsection (2) applies to any offence other than—
(a)an offence which is—
(i)created by rules made for the purposes of this Act under the Insolvency Act, and
(ii)designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
(b)an offence which is—
(i)created by regulations made under any such rules, and
(ii)designated for the purposes of this subsection by such regulations;
(c)an offence under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath); or
(d)an offence under section 44(2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).
(4)Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.]
Modifications etc. (not altering text)
(1)References in this Act to the official receiver, in relation to the winding up of a company or the bankruptcy of an individual, are to any person who, by virtue of section 399 of the Insolvency Act, is authorised to act as the official receiver in relation to that winding up or bankruptcy; and, in accordance with section 401(2) of that Act, references in this Act to an official receiver includes a person appointed as his deputy.
(2)Sections [F31A]6 to 10 [F313, 14], 15, 19(c) and 20 of, and Schedule 1 to, this Act [F3and sections 1 and 17 of this Act as they apply for the purposes of those provisions] are deemed included in Parts I to VII of the Insolvency Act for the purposes of the following sections of that Act—
section 411 (power to make insolvency rules);
section 414 (fees orders);
section 420 (orders extending provisions about insolvent companies to insolvent partnerships);
section 422 (modification of such provisions in their application to recognised banks); . . . F4
(3)Section 434 of that Act (Crown application) applies to sections [F51A]6 to 10 [F513, 14], 15, 19(c) and 20 of, and Schedule 1 to, this Act [F5and sections 1 and 17 of this Act as they apply for the purposes of those provisions]as it does to the provisions of that Act which are there mentioned.
[F6(4)For the purposes of summary proceedings in Scotland, section 431 of that Act applies to summary proceedings for an offence under section 11 or 13 of this Act as it applies to summary proceedings for an offence under Parts I to VII of the Act.]
(1)This section has effect with respect to the meaning of expressions used in this Act, and applies unless the context otherwise requires.
(2)The expression “company”—
(a)in section 11, includes an unregistered company and a company incorporated outside Great Britain which has an established place of business in Great Britain, and
(b)elsewhere, includes any company which may be wound up under Part V of the Insolvency Act.
(3)Section 247 in Part VII of the Insolvency Act (interpretation for the first Group of Parts of that Act) applies as regards references to a company’s insolvency and to its going into liquidation; and “administrative receiver” has the meaning given by section 251 of that Act [F7and references to acting as an insolvency practitioner are to be read in accordance with section 388 of that Act].
(4)“Director” includes any person occupying the position of director, by whatever name called F8. . ..
(5)“Shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act (but so that a person is not deemed a shadow director by reason only that the directors act on advice given by him in a professional capacity).
(6)Section 740 of the Companies Act applies as regards the meaning of “body corporate”; and “officer” has the meaning given by section 744 of that Act.
(7)In references to legislation other than this Act—
“the Companies Act” means the M3Companies Act 1985;
“the Companies Acts” has the meaning given by section 744 of that Act; and
“the Insolvency Act” means the Insolvency Act 1986;
and in sections 3(1) and 5(1) of this Act “the companies legislation” means the Companies Acts (except the Insider Dealing Act), Parts I to VII of the Insolvency Act and, in Part XV of that Act, sections 411, 413, 414, 416 and 417.
(8)Any reference to provisions, or a particular provision, of the Companies Acts or the Insolvency Act includes the corresponding provisions or provision of the former Companies Acts (as defined by section 735(1)(c) of the Companies Act, but including also that Act itself) or, as the case may be, the M4Insolvency Act 1985.
(9)Any expression for whose interpretation provision is made by Part XXVI of the Companies Act (and not by subsections (3) to (8) above) is to be construed in accordance with that provision.
[F9(10)Any reference to acting as receiver—
(a)includes acting as manager or as both receiver and manager, but
(b)does not include acting as administrative receiver;
and “receivership” is to be read accordingly.]
Modifications etc. (not altering text)
(1)This Act applies to building societies as it applies to companies.
(2)References in this Act 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 section 22(5) applies with the substitution of “building society” for “company”.
(4)In the application of Schedule 1 to the directors of a building society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Building Societies Act 1986.]
(1)This Act applies to incorporated friendly societies as it applies to companies.
(2)References in this Act 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 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.
(4)In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Friendly Societies Act 1992.]
(1)The transitional provisions and savings in Schedule 3 to this Act have effect, and are without prejudice to anything in the M5Interpretation Act 1978 with regard to the effect of repeals.
(2)The enactments specified in the second column of Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
(1)This Act extends to England and Wales and to Scotland.
(2)Nothing in this Act extends to Northern Ireland.
This Act comes into force simultaneously with the Insolvency Act 1986.
This Act may be cited as the Company Directors Disqualification Act 1986.
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