SCHEDULES
SCHEDULE 6EFFECT OF BANKRUPTCY RESTRICTIONS ORDER AND UNDERTAKING
Disqualification for acting as receiver or manager
1
or Article 41 of the 1989 Order (receiver and manager: disqualification) substitute—
Disqualification of bankrupt41
1
A person shall be guilty of an offence if he acts as receiver or manager of the property of a company on behalf of debenture holders while—
a
he is an undischarged bankrupt, or
b
a bankruptcy restrictions order is in force in respect of him.
2
This Article does not apply to a receiver or manager acting under an appointment made by the High Court.
Bankruptcy offences after discharge
2
After Article 321(3) of the 1989 Order (bankruptcy offences: general: no liability after discharge) insert—
3A
Paragraph (3) is without prejudice to any provision of this Chapter which applies to a person in respect of whom a bankruptcy restrictions order is in force.
3
At the end of Article 331 of the 1989 Order (obtaining credit and doing business) insert—
5
This Article applies to the bankrupt after discharge while a bankruptcy restrictions order is in force in respect of him.
6
For the purposes of paragraph (1)(a) as it applies by virtue of paragraph (5), the relevant information about the status of the person in question is the information that a bankruptcy restrictions order is in force in respect of him.
Disqualification for acting as insolvency practitioner
4
At the end of Article 349 of the 1989 Order (disqualification for insolvency practitioner) insert—
5
A person is not qualified to act as an insolvency practitioner while a bankruptcy restrictions order is in force in respect of him.
Prohibition against involvement in company
5
For Article 15(1) of the Company Directors Disqualification (Northern Ireland) Order 2002 (NI 4) (bankrupt) substitute—
1
It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the High Court, at a time when—
a
he is an undischarged bankrupt, or
b
a bankruptcy restrictions order is in force in respect of him.