Company Directors Disqualification Act 1986
1986 c. 46 · Enacted 25 July 1986 · Extends to England, Wales and Scotland
An Act to consolidate certain enactments relating to the disqualification of persons from being directors of companies, and from being otherwise concerned with a company’s affairs.
[25th July 1986]
C1C2C3I1C4C5C6C7Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C8C9C10C11C12C13C14
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4(2), Sch. 2 Pt. II
Act applied (with modifications) (29.3.2009) by 1986 c. 53, s. 90E (as inserted by S.I. 2009/2142, art. 6)
- C2
Act applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 121, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 2 (as amended (7.4.2017) by S.I. 2017/400, regs. 1(2), 5(6))
- C3
Act applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 155, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 3 (as amended (7.4.2017) by S.I. 2017/400, regs. 1(2), 5(11))
- C4
Act modified by S.I. 1986/2142, arts. 1(2), 3
Act modified (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 25, Sch. 4 para. 3
Act modified (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rule 334
- C5
Act modified (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 23 (as amended (7.4.2017) by S.I. 2017/400, regs. 1(2), 10(6))
- C6
Act applied (in part) by S.I. 1989/638, reg. 20 (as amended (1.10.2009) by The European Economic Interest Regulations 2009 (S.I. 2009/2399), reg. 21 (with reg. 2))
Act applied (1.8.2007) by The European Grouping of Territorial Cooperation Regulations 2007 (S.I. 2007/1949), reg. 9
- C7
Act: power to amend conferred (17.2.2009 for specified purposes and 21.2.2009 otherwise) by Banking Act 2009 (c. 1), ss. 158(2)(b), 159(2)(b), 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
- C8
Act excluded (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 217
- C9
Act applied (with modifications) (31.7.2015) by The European Grouping of Territorial Cooperation Regulations 2015 (S.I. 2015/1493), reg. 10 (with reg. 11)
- C10
Act modified (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 295
- C11
Act modified (S.) (19.12.2022) by The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022 (S.I. 2022/1239), rules 2, 206
- C12
Act: power to apply (with modifications) conferred (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 11 para. 165; S.I. 2023/779, reg. 4(ddd)(xiv)
- C13
Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 46, Sch. 1 para. 4 (with reg. 5, Sch. 2 paras. 3, 7) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 19)
- C14
Act (except for ss. 13-15) extended (N.I.) for specified purposes (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 4(3)
Commencement
- I1
Act wholly in force at 29.12.1986 by s. 25 and S.I. 1986/1924
Contents
- Preliminary
- 1Disqualification orders: general.
- 1ADisqualification undertakings: general.
- Disqualification for general misconduct in connection with companies
- 2Disqualification on conviction of indictable offence.
- 3Disqualification for persistent breaches of companies legislation.
- 4Disqualification for fraud, etc., in winding up.
- 5Disqualification on summary conviction.
- 5ADisqualification for certain convictions abroad
- Disqualification for unfitness
- 6Duty of court to disqualify unfit directors ....
- 7Disqualification orders under section 6: applications and acceptance of undertakings
- 7AOffice-holder's report on conduct of directors
- 8Disqualification of director on finding of unfitness.
- Persons instructing unfit directors
- 8ZAOrder disqualifying person instructing unfit director ...
- 8ZBApplication for order under section 8ZA
- 8ZCDisqualification undertaking instead of an order under section 8ZA
- 8ZDOrder disqualifying person instructing unfit director: other cases
- 8ZEDisqualification undertaking instead of an order under section 8ZD
- Disqualification for promoting tax avoidance
- 8ZFDisqualification following winding up under s.85 of Finance Act 2022
- 8ZGDisqualification on finding of unfitness: promoters of tax avoidance
- Further provision about disqualification undertakings
- 8AVariation etc. of disqualification undertaking.
- 9Matters for determining unfitness of directors. Repealed
- Disqualification for competition infringements
- 9ACompetition disqualification order
- 9BCompetition undertakings
- 9CCompetition investigations
- 9DCo-ordination
- 9EInterpretation
- Other cases of disqualification
- 10Participation in wrongful trading.
- 11Undischarged bankrupts.
- 11ADesignated persons under sanctions legislation
- 12Failure to pay under county court administration order.
- 12ANorthern Irish disqualification orders.
- 12BNorthern Irish disqualification undertakings
- 12CDetermining unfitness etc: matters to be taken into account
- Consequences of contravention
- 13Criminal penalties.
- 14Offences by body corporate.
- 15Personal liability for company’s debts where person acts while disqualified.
- Compensation orders and undertakings
- 15ACompensation orders and undertakings
- 15BAmounts payable under compensation orders and undertakings
- 15CVariation and revocation of compensation undertakings
- Supplementary provisions
- 16Application for disqualification order.
- 17Application for leave under an order or undertaking.
- 18Register of disqualification orders and undertakings.
- 19Special savings from repealed enactments.
- Miscellaneous and general
- 20Admissibility in evidence of statements.
- 20ALegal professional privilege
- 21Interaction with Insolvency Act 1986 etc.
- 21ABank insolvency
- 21BBank administration
- 21CBuilding society insolvency and special administration
- 22Interpretation.
- 22AApplication of Act to building societies.
- 22BApplication of Act to incorporated friendly societies.
- 22CApplication of Act to NHS foundation trusts
- 22DApplication of Act to open-ended investment companies Repealed
- 22EApplication of Act to registered societies
- 22FApplication of Act to charitable incorporated organisations
- 22GApplication of Act to further education bodies
- 22HApplication of Act to protected cell companies
- 22IPower to amend application of Act in relation to relevant entities
- 23Transitional provisions, savings, repeals.
- 24Extent.
- 25Commencement.
- 26Citation.
- Schedule 1: Determining unfitness etc: matters to be taken into account
- Matters to be taken into account in all cases
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Additional matters to be taken into account where person is or has been a director
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2: Savings from Companies Act 1981 ss. 93, 94, and Insolvency Act 1985 Schedule 9
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 3: Transitional Provisions and Savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4Repeals