{
  "url": "https://openlegislation.uk/companies-disqualification-orders-regulations-2001/note",
  "json_url": "https://openlegislation.uk/companies-disqualification-orders-regulations-2001/note.json",
  "legislation": "uksi/2001/967",
  "legislation_title": "The Companies (Disqualification Orders) Regulations 2001",
  "legislation_url": "https://openlegislation.uk/companies-disqualification-orders-regulations-2001",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations revoke and replace the Companies (Disqualification Orders) Regulations 1986 (S.I. 1986/2067) (“the 1986 Regulations”) and take into account certain amendments made to the Company Directors Disqualification Act 1986 (c. 46) (“the CDDA”) by the Insolvency Act 2000 (c. 39) and regulations made under the Limited Liability Partnerships Act 2000 (c. 12). They come into force on 6 April 2001, and apply to any disqualification order made after that date, and to any grant of leave or action taken by a court after that date in consequence of which a disqualification order or undertaking (whenever made or accepted, as the case may be) is varied or ceases to have effect.\nThe CDDA gives specified courts power to make a disqualification order against, and, as amended by the Insolvency Act 2000, gives the Secretary of State power to accept an underaking from, any person that he shall not, without the leave of the court, be a director of a company, act as a receiver of a company’s property or in any way take part in the promotion, formation or management of a company; and shall not act as an insolvency practitioner.\nThe Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) (“the LLP Regulations”) apply the provisions of the CDDA to limited liability partnerships, so that a person subject to a disqualification order or undertaking may not act as a member of a limited liability partnership without the leave of the court. The LLP Regulations also allow disqualification orders to be made against, and undertakings to be accepted from, limited liability partnerships, and make it possible to disqualify for conduct as a member or, and in relation to them.\nThe Regulations require certain court officers to provide the Secretary of State with particulars of disqualification orders and grants of leave in relation to such orders or disqualification undertakings; and of any action taken by a court in consequence of which any such orders or undertakings are varied or cease to be in force. They also specify the form, and time within, which they must be given.\nBesides specifying a new set of forms, the Regulations differ from the 1986 Regulations in four significant ways. Firstly they provide at regulation 6(1)(d) that where a Magistrates' Court makes a disqualification order, it is the Chief Executive to the Justices who should furnish the Secretary of State with particulars, rather than the Clerk to the Justices, as provided in regulation 4(1)(d) of the 1986 Regulations. This change is necessary in light of the transfer of the administrative functions of justices' clerks to justices' chief executives in line with section 90 of, and Schedule 13 to, the Access to Justice Act 1999 (c. 22).\nSecondly, regulation 6(1)(a) to (c) name the official responsible for furnishing the Secretary of State with particulars as the Court Manager, rather than the Chief Clerk of the relevant court, as previously provided. This reflects a change in title of the responsible official rather than a transfer of functions.\nThirdly, the 1986 Regulations provided in regulation 4(2) that where a disqualification order was made by a particular court, and subsequently action was taken by a court as a consequence of which the order was varied or ceased to be in force, then irrespective of which court took that action, the court which made the original order would notify the Secretary of State of it. Regulation 6(2) of the Regulations provides that it is the court whose action causes the order (or, as the case may be, undertaking) to be varied or cease to be in force which must notify the Secretary of State. As a consequence, provision has been made at regulation 6(1) to specify who, in the appellate courts, should furnish such notification.\nFinally, the Regulations include new provisions in regulation 9 which place obligations on the Secretary of State regarding the retention and disposal of information furnished to him relating to orders made in Northern Ireland (including variations to and cessations of such orders), as well as leave granted in Northern Ireland. This is necessary because from 2 April 2001, such orders have the same effect in Great Britain as if made under the CDDA.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/967/note",
    "retrieved_at": "2026-10-29T07:54:48.289848+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}