F1Disqualification for promoting tax avoidance
8ZFDisqualification following winding up under s.85 of Finance Act 2022
1
The court must make a disqualification order against a person if, on an application under this section, it is satisfied—
a
that the person has at any time after the coming into force of this section been a director of a company while the company was a relevant body within the meaning of section 85(4) of the Finance Act 2022 (winding up of promoters of tax avoidance schemes), and
b
that a court has made a winding-up order in respect of the company under section 85(3) of that Act (whether while the person was a director or subsequently).
2
An officer of Revenue and Customs may make an application to the court for a disqualification order against a person under this section if it appears to the officer that it is expedient in the public interest for such an order to be made.
3
Except with the permission of the court, an application under subsection (2) may not be made after the end of the period of 3 years beginning with the day on which the winding-up order in question is made.
4
Under this section the minimum period of disqualification is 2 years, and the maximum is 15 years.
5
An officer of Revenue and Customs may accept a disqualification undertaking if it appears to the officer—
a
that the conditions mentioned in subsection (1) are satisfied in relation to the person who has offered to give the disqualification undertaking, and
b
that it is expedient in the public interest that the officer should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order).
6
In this section—
“company” includes overseas company;
“court” means—
- a
the court having jurisdiction for the purposes of the Insolvency Act 1986, or
- b
the High Court in Northern Ireland;
- a
“director” includes a shadow director.
Ss. 8ZF, 8ZG and cross-heading inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 1