The Companies (Disqualification Orders) (Amendment No. 2) Regulations 2002

This Statutory Instrument has been made in consequence of a defect in S.I. 2002/689 and is being issued free of charge to all recipients of that Statutory Instrument.

Statutory Instruments

2002 No. 1834

COMPANIES

The Companies (Disqualification Orders) (Amendment No. 2) Regulations 2002

Made

8th July 2002

Laid before Parliament

16th July 2002

Coming into force

17th July 2002

The Secretary of State, in exercise of her powers under section 18 of the Company Directors Disqualification Act 1986(1), hereby makes the following Regulations:

1.  These Regulations may be cited as The Companies (Disqualification Orders) (Amendment No 2) Regulations 2002 and shall come into force on 17th July 2002.

2.  These Regulations amend the Companies (Disqualification Orders) Regulations 2001(2) and shall apply in relation to a disqualification order made after the coming into force of these Regulations.

3.  The Companies (Disqualification Orders) (Amendment) Regulations 2002(3) are hereby revoked.

4.  The form contained in the Schedule to these Regulations shall be added to Schedule 1 to the Companies (Disqualification Orders) Regulations 2001 as an alternative which may be used in place of the form DO1 contained in Schedule 1 to the Companies (Disqualification Orders) Regulations 2001 in any circumstances but which must be used where the director of a company or member of a limited liability partnership in question is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.

C. Clancy

for Secretary of State

Department of Trade and Industry

8th July 2002

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Companies (Disqualification Orders) Regulations 2001 (S.I. 2001/967) (the “2001 Regulations”). They also revoke the Companies (Disqualification Orders) (Amendment) Regulations 2002 (S.I. 2002/689) (the “2002 Regulations”), which operated on the Companies (Disqualification Orders) Regulations 1986 (S.I. 1986/2067) (the “1986 Regulations”).

The Company Directors Disqualification Act 1986 gives specified courts power to make a disqualification order against a person which provides that he shall not, without leave of the court, be a director, or liquidator or administrator of a company, or receiver or manager of a company’s property, or be concerned or take part in the promotion, formation or management of a company, for a specified period.

The 2001 Regulations require certain court officers to provide the Secretary of State with particulars of disqualification orders and the granting of leave in relation to such orders, and of any action taken by a court in consequence of which such orders are varied or cease to be in force. They also specify the form and time in which they must be given.

These Regulations provide an alternative form DO1 in addition to that prescribed by the 2001 Regulations. The new form takes account of the possibility that the director of a company or member of a limited liability partnership in question may be the beneficiary of a Confidentiality Order made under Section 723B of the Companies Act 1985.

The 2002 Regulations are being revoked because they purported to amend the Schedule to the 1986 Regulations, when the 1986 Regulations had themselves been revoked by the 2001 Regulations. These Regulations make clear that the form DO1 provided in these Regulations operates as an alternative to the form DO1 contained in the 2001 Regulations, and not the 1986 Regulations.

(1)

1986 c. 46 as amended by section 198(2) of the Financial Services Act 1986 (c. 60).

(2)

2001/967.

(3)

2002/689