Company Directors Disqualification Act 1986

[F1 22E [F2 Application of Act to registered societies] E+W+S

[F3 (1) In this section “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”).]

(2) This Act applies to registered societies as it applies to companies.

(3) Accordingly, in this Act—

(a) references to a company include a registered society, and

(b) references to a director or an officer of a company include a member of the committee or an officer of a registered society.

In paragraph (b) “committee” and “officer” have the same meaning as in [F4 the 2014 Act: see section 149 of that Act].

(4) As they apply in relation to registered societies, the provisions of this Act have effect with the following modifications—

(a) in section 2(1) (disqualification on conviction of indictable offence), the reference to striking off includes cancellation of the registration of a society under [F5 the 2014 Act];

(b) in section 3 (disqualification for persistent breaches) and section 5 (disqualification on summary conviction), references to the companies legislation shall be read as references to the legislation relating to registered societies;

(c) in section 8(1) (disqualification after investigation), the reference to investigative material shall be read as including—

(i) any report made under [F6 section 105 or 106 of the 2014 Act] (inspection of books or appointment of inspector), and

(ii) any information, books, accounts or other documents obtained under [F7 Part 14 of the Companies Act 1985 as applied by the Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014];

(d) references to the registrar shall be read as references to the [F8 Financial Conduct Authority];

(e) references to a shadow director shall be disregarded.

(5) In the application of Schedule 1 to the members of the committee of a registered society, references to provisions of the Companies Act 2006 shall be read as including references to the corresponding provisions of the legislation relating to registered societies.

[F9 (6) The legislation relating to registered societies” means the Credit Unions Act 1979 and the Co-operative and Community Benefit Societies Act 2014.]]

Textual Amendments

F1 S. 22E inserted (6.4.2014) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 3, 8(2); S.I. 2014/183, art. 2

F2 S. 22E heading substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(6) (with Sch. 5)

F3 S. 22E(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(2) (with Sch. 5)

F4 Words in s. 22E(3) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(3) (with Sch. 5)

F5 Words in s. 22E(4)(a) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(4)(a) (with Sch. 5)

F6 Words in s. 22E(4)(c)(i) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(4)(b) (with Sch. 5)

F7 Words in s. 22E(4)(c)(ii) substituted (6.4.2014) by The Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014 (S.I. 2014/574), regs. 1(1), 6

F8 Words in s. 22E(4)(d) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 3 (with Sch. 12)

F9 S. 22E(6) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 38(5) (with Sch. 5)