Other cases of disqualification U.K.

[F1 12CDetermining unfitness etc: matters to be taken into account U.K.

(1) This section applies where a court must determine—

(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b) whether to exercise any discretion it has to make a disqualification order under any of sections 2 to 4, 5A, 8 [F2 , 8ZG] or 10;

(c) where the court has decided to make a disqualification order under any of those sections or is required to make an order under section 6 [F3 or 8ZF], what the period of disqualification should be.

(2) But this section does not apply where the court in question is one mentioned in section 2(2)(b) or (c).

(3) This section also applies where the Secretary of State must determine—

(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b) whether to exercise any discretion the Secretary of State has to accept a disqualification undertaking under section 5A, 7 or 8.

[F4 (3A) This section also applies where an officer of Revenue and Customs must determine—

(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b) whether to exercise any discretion the officer has to accept a disqualification undertaking under section 8ZF or 8ZG.]

(4) In making any such determination in relation to a person, the court or the Secretary of State [F5 or the officer (as the case may be)] must—

(a) in every case, have regard in particular to the matters set out in paragraphs 1 to 4 of Schedule 1;

(b) in a case where the person concerned is or has been a director of a company or overseas company, also have regard in particular to the matters set out in paragraphs 5 to 7 of that Schedule.

(5) In this section “director” includes a shadow director.

(6) Subsection (1A) of section 6 applies for the purposes of this section as it applies for the purposes of that section.

(7) The Secretary of State may by order modify Schedule 1; and such an order may contain such transitional provision as may appear to the Secretary of State to be necessary or expedient.

(8) The power to make an order under this section is exercisable by statutory instrument.

(9) An order under this section may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F1 S. 12C inserted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 106(5), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(d)

F2 Word in s. 12C(1)(b) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(7)(a)(i) (with Sch. 13 para. 4(2))

F3 Words in s. 12C(1)(c) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(7)(a)(ii) (with Sch. 13 para. 4(2))

F4 S. 12C(3A) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(7)(b) (with Sch. 13 para. 4(2))

F5 Words in s. 12C(4) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(7)(c) (with Sch. 13 para. 4(2))

Modifications etc. (not altering text)

C1 S. 12C applied (with modifications) by S.I. 1994/2421, art. 16, Sch. 8 (as amended (E.W.) (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 paras. 4, 8)