Disqualification for unfitness
F1Disqualification of director on finding of unfitness11.
(1)
If it appears to the Department F2... that it is expedient in the public interest that a disqualification order should be made against a person who is, or has been, a director or shadow director of a company, the Department may apply to the High Court for such an order.
F3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where it appears to the Department F4... that, in the case of a person who has offered to give the Department a disqualification undertaking—
(a)
the conduct of the person in relation to a company of which the person is or has been a director or shadow director F5(either taken alone or taken together with his conduct as a director or shadow director of one or more other companies or overseas companies), makes him unfit to be concerned in the management of a company, 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.
(4)
The High Court may make a disqualification order against a person where, on an application under this Article, it is satisfied that his conduct in relation to the company F6(either taken alone or taken together with his conduct as a director or shadow director of one or more other companies or overseas companies) makes him unfit to be concerned in the management of a company.
F7(4A)
Paragraph (1A) of Article 9 applies for the purposes of this Article as it applies for the purposes of that Article.
(5)
The maximum period of disqualification under this Article is 15 years.