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Small Business, Enterprise and Employment Act 2015

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This is the original version (as it was originally enacted).

Convictions abroad

This section has no associated Explanatory Notes

2(1)After Article 8 of the 2002 Order insert—

8ADisqualification for certain convictions abroad

(1)If it appears to the Department that it is expedient in the public interest that a disqualification order under this Article should be made against a person, the Department may apply to the High Court for such an order.

(2)The High Court may, on an application under paragraph (1), make a disqualification order against a person who has been convicted of a relevant foreign offence.

(3)A “relevant foreign offence” is an offence committed outside Northern Ireland—

(a)in connection with—

(i)the promotion, formation, management, liquidation or striking off of a company (or any similar procedure),

(ii)the receivership of a company’s property (or any similar procedure), or

(iii)a person being an administrative receiver of a company (or holding a similar position), and

(b)which corresponds to an indictable offence under the law of Northern Ireland.

(4)Where it appears to the Department that, in the case of a person who has offered to give a disqualification undertaking—

(a)the person has been convicted of a relevant foreign offence, and

(b)it is expedient in the public interest that the Department should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),

the Department may accept the undertaking.

(5)In this Article, “company” includes an overseas company.

(6)The maximum period of disqualification under an order under this Article is 15 years.

(2)Article 8A(2) and (4) of the 2002 Order, as inserted by this paragraph, apply in relation to a conviction of a relevant foreign offence which occurs on or after the day on which this paragraph comes into force regardless of whether the act or omission which constituted the offence occurred before that day.

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