The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001

Statutory Instruments

2001 No.765

INSOLVENCY, ENGLAND AND WALES

COMPANIES

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001

Made

1st March 2001

Laid before Parliament

7th March 2001

Coming into force

2nd April 2001

The Lord Chancellor, in the exercise of his powers under section 411 of the Insolvency Act 1986(1) and section 21(2) of the Company Directors Disqualification Act 1986(2), with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of the Insolvency Act 1986, hereby makes the following Rules:—

1.  These Rules may be cited as the Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001 and shall come into force on 2nd April 2001.

2.  Rule 9 of the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987(3) is hereby revoked.

Irvine of Lairg, C.

22nd February 2001

I concur, on behalf of the Secretary of State

Kim Howells,

Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,

Department of Trade and Industry

1st March 2001

Explanatory Note

(This note is not part of the Rules)

These Rules further amend the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (S.I. 1987/2023).

They revoke rule 9 of those Rules which provided for the time when a disqualification order took effect. This is now dealt with in section 1(2) of the Company Directors Disqualification Act 1986 (c. 46), as amended by section 5(2) of the Insolvency Act 2000 (c. 39) and rule 9 is therefore otiose.

(1)

1986 c. 45.

(2)

1986 c. 46; the amendments made to section 21(2) by the Companies Act 1989 (c. 49) and the Insolvency Act 2000 (c. 39) are not relevant for the purposes of this Order.

(3)

S.I. 1987/2023 amended by S.I. 1999/1023.