Disqualification for unfitness

Disqualification of director on finding of unfitness
11
1
If it appears to the Department ... 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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Where it appears to the Department ... 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 (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 (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.
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.
Art. 11 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))
Art. 11 heading substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(3); S.I. 2015/1689, reg. 2(h)
Words in art. 11(3)(a) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(a); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
Words in art. 11(4) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(b); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
Art. 11(4A) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(c); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
Words in art. 11(1) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(a); S.I. 2015/1689, reg. 2(h)
Art. 11(2) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(b); S.I. 2015/1689, reg. 2(h)
Words in art. 11(3) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(c); S.I. 2015/1689, reg. 2(h)
Art. 11 applied (with modifications) (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 5(2) (with Sch. 13 para. 5(3))