Search Legislation

Small Business, Enterprise and Employment Act 2015

Status:

This is the original version (as it was originally enacted).

PART 1Company Directors Disqualification Act 1986

1The Company Directors Disqualification Act 1986 is amended as follows.

2In section 1 (disqualification orders: general) in subsection (2), for “section 6” substitute “sections 6 and 8ZA”.

3(1)Section 1A (disqualification undertakings: general) is amended as follows.

(2)In subsection (1), for “7 and 8” substitute “5A, 7, 8, 8ZC and 8ZE”.

(3)In subsection (2), after “7” insert “or 8ZC”.

4(1)Section 2 (disqualification on conviction of indictable offence) is amended as follows.

(2)After subsection (1) insert—

(1A)In subsection (1), “company” includes overseas company.

(3)In subsection (2), after paragraph (a) insert—

(aa)in relation to an overseas company not falling within paragraph (a), the High Court or, in Scotland, the Court of Session, or.

5(1)Section 3 (disqualification for persistent breaches of companies legislation) is amended as follows.

(2)After subsection (3) insert—

(3A)In this section “company” includes overseas company.

(3)In subsection (4)—

(a)after “means” insert

(a)”, and

(b)after “committed” insert , or

(b)in relation to an overseas company not falling within paragraph (a), the High Court or, in Scotland, the Court of Session.

6In section 5 (disqualification on summary conviction), after subsection (4A) insert—

(4B)In this section “company” includes overseas company.

7In section 6 (duty of court to disqualify unfit directors of insolvent companies), in subsection (2), omit “and the next”.

8In section 7 (disqualifications under section 6: applications and undertakings), after subsection (4) insert—

(5)Subsections (1A) and (2) of section 6 apply for the purposes of this section as they apply for the purposes of that section.

9Before section 8A insert—

Further provision about disqualification undertakings

10In section 8A (variation etc of disqualification undertaking), in subsection (3)—

(a)before paragraph (a) insert—

(za)in the case of an undertaking given under section 8ZC has the same meaning as in section 8ZA;

(zb)in the case of an undertaking given under section 8ZE means the High Court or, in Scotland, the Court of Session;, and

(b)in paragraph (b), after “section” insert “5A(5),”.

11In section 10 (participation in wrongful trading), after subsection (2) insert—

(3)In this section “company” includes overseas company.

12(1)Section 16 (application for disqualification order) is amended as follows.

(2)In subsection (1), omit “by the court having jurisdiction to wind up a company”.

(3)In subsection (2)—

(a)for “with jurisdiction to wind up companies” substitute “, other than a court mentioned in section 2(2)(b) or (c),”, and

(b)after “any company” insert “or overseas company”.

13(1)Section 17 (application for leave under an order or undertaking) is amended as follows.

(2)In subsection (3), after “under section” insert “5A,”.

(3)After subsection (3) insert—

(3ZA)Where a person is subject to a disqualification undertaking accepted at any time under section 8ZC, any application for leave for the purposes of section 1A(1)(a) must be made to any court to which, if the Secretary of State had applied for a disqualification order under section 8ZA at that time, that application could have been made.

(3ZB)Where a person is subject to a disqualification undertaking accepted at any time under section 8ZE, any application for leave for the purposes of section 1A(1)(a) must be made to the High Court or, in Scotland, the Court of Session.

14In section 18 (register of disqualification orders and undertakings), in subsection (2A)(a), for “7 or 8” substitute “5A, 7, 8, 8ZC or 8ZE”.

15In section 20 (admissibility in evidence of statements), in subsection (1), for “6 to 10, 15” substitute “5A, 6 to 10, 12C, 15 to 15C”.

16In section 21 (interaction with Insolvency Act 1986), in each of subsections (2) and (3), for “6 to 10, 13, 14, 15” substitute “5A, 6 to 10, 12C to 15C”.

17In section 22 (interpretation), after subsection (2) insert—

(2A)An “overseas company” is a company incorporated or formed outside Great Britain.

18In section 22A (application of Act to building societies), omit subsection (4).

19In section 22B (application of Act to incorporated friendly societies)—

(a)after subsection (3) insert—

(3A)In relation to an incorporated friendly society, this Act applies as if sections 8ZA to 8ZE were omitted., and

(b)omit subsection (4).

20In section 22C (application of Act to NHS foundation trusts) omit subsection (3).

21Omit section 22D (application of Act to open-ended investment companies).

22(1)Section 22E (application of Act to registered societies) is amended as follows.

(2)In subsection (4)—

(a)omit paragraph (c), and

(b)after paragraph (e) insert—

(f)sections 8ZA to 8ZE are to be disregarded.

(3)Omit subsection (5).

23In section 22F (application of Act to charitable incorporated organisations) omit subsection (4).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources