(1)A person intending to apply for the making of a disqualification order by the court having jurisdiction to wind up a company shall give not less than 10 days’ notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.
(2)An application to a court with jurisdiction to wind up companies for the making against any person of a disqualification order under any of sections 2 to [F14] may be made by the Secretary of State or the official receiver, or by the liquidator or any past or present member or creditor of any company in relation to which that person has committed or is alleged to have committed an offence or other default.
(3)On the hearing of any application under this Act made by [F2a person falling within subsection (4)], the applicant shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
[F3(4)The following fall within this subsection—
(a)the Secretary of State;
(b)the official receiver;
(c)the OFT;
(d)the liquidator;
(e)a specified regulator (within the meaning of section 9E).]
Textual Amendments
F1Figure in s. 16(2) substituted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 11(1); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3
F2Words in s. 16(3) substituted (20.6.2003) by 2002 c. 40, ss. 204(6), 279; S.I. 2003/1397, art. 2, Sch.
F3S. 16(4) inserted (20.6.2003) by 2002 c. 40, ss. 204(7), 279; S.I. 2003/1397, art. 2, Sch.
Modifications etc. (not altering text)
C1Ss. 16, 17 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21