# Company Directors Disqualification Act 1986, Section 12C: Determining unfitness etc: matters to be taken into account

Extent: E+W+S+N.I.

(1) This section applies where a court must determine—
(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;
(b) whether to exercise any discretion it has to make a disqualification order under any of sections 2 to 4, 5A, 8 , 8ZG or 10;
(c) where the court has decided to make a disqualification order under any of those sections or is required to make an order under section 6 or 8ZF, what the period of disqualification should be.
(2) But this section does not apply where the court in question is one mentioned in section 2(2)(b) or (c).
(3) This section also applies where the Secretary of State must determine—
(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;
(b) whether to exercise any discretion the Secretary of State has to accept a disqualification undertaking under section 5A, 7 or 8.
(3A) This section also applies where an officer of Revenue and Customs must determine—
(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;
(b) whether to exercise any discretion the officer has to accept a disqualification undertaking under section 8ZF or 8ZG.
(4) In making any such determination in relation to a person, the court or the Secretary of State or the officer (as the case may be) must—
(a) in every case, have regard in particular to the matters set out in paragraphs 1 to 4 of Schedule 1;
(b) in a case where the person concerned is or has been a director of a company or overseas company, also have regard in particular to the matters set out in paragraphs 5 to 7 of that Schedule.
(5) In this section “director” includes a shadow director.
(6) Subsection (1A) of section 6 applies for the purposes of this section as it applies for the purposes of that section.
(7) The Secretary of State may by order modify Schedule 1; and such an order may contain such transitional provision as may appear to the Secretary of State to be necessary or expedient.
(8) The power to make an order under this section is exercisable by statutory instrument.
(9) An order under this section may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

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Source: https://www.legislation.gov.uk/ukpga/1986/46/section/12C (the official version)
Page: https://openlegislation.uk/company-directors-disqualification-act-1986/section-12C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.