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

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revoked because they purported to amend the Schedule to the 1986 Regulations, when the 1986 Regulations had themselves been revoked by the 2001 Regulations.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.