The Companies (Disqualification Orders) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 689

COMPANIES

The Companies (Disqualification Orders) (Amendment) Regulations 2002

Made

7th March 2002

Coming into force

2nd April 2002

The Secretary of State, in exercise of her powers under section 18 of the Company Directors Disqualification Act 1986(1), hereby makes the following Regulations:

1.  These Regulations may be cited as The Companies (Disqualification Orders) (Amendment) Regulations 2002 and shall come into force on 2nd April 2002.

2.  These Regulations amend the Companies (Disqualification Orders) Regulations 1986(2) and shall apply in relation to a disqualification order made after the coming into force of these Regulations.

3.  The form contained in the Schedule to these Regulations shall be added to Schedule 1 to the Companies (Disqualification Orders) Regulations 1986, as amended, as an alternative which may be used in place of the form DO1 contained in Schedule 1 to the Companies (Disqualification Orders) Regulations 1986 in any circumstances but which must be used where the director of a company or member of a limited liability partnership in question is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.

J. S. Holden,

for Secretary of State,

Department of Trade and Industry

7th March 2002

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Companies (Disqualification Orders) Regulations 1986 (S.I. 1986/2067), as amended by S.I. 2001/967 (the “1986 Regulations”).

The Company Directors Disqualification Act 1986 gives specified courts power to make a disqualification order against a person which provides that he shall not, without leave of the court, be a director, or liquidator or administrator of a company, or receiver or manager of a company’s property, or be concerned or take part in the promotion, formation or management of a company, for a specified period.

The 1986 Regulations require certain court officers to provide the Secretary of State with particulars of disqualification orders and the granting of leave in relation to such orders, and of any action taken by a court in consequence of which such orders are varied or cease to be in force. They also specify the form and time in which they must be given.

These Regulations provide an alternative form DO1 in addition to that prescribed by the 1986 Regulations. The new form takes account of the possibility that the director of a company or member of a limited liability partnership in question may be the beneficiary of a Confidentiality Order made under Section 723B of the Companies Act 1985.

(1)

1986 c. 46 as amended by section 198(2) of the Financial Services Act 1986 (c. 60).

(2)

S.I. 1986/2067, as amended by The Companies (Disqualification Orders) Regulations 2001 (S.I. 2001/967).