Section 16 Application for disqualification order.C1

United Kingdom

(1)

A person intending to apply for the making of a disqualification order F1... shall give not less than 10 days’ notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.

(2)

An application to a courtF2, other than a court mentioned in section 2(2)(b) or (c), for the making against any person of a disqualification order under any of sections 2 to F34 may be made by the Secretary of State or the official receiver, or by the liquidator or any past or present member or creditor of any company F4or overseas company in relation to which that person has committed or is alleged to have committed an offence or other default.

(3)

On the hearing of any application under this Act made by F5a person falling within subsection (4), the applicant shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.

F6(4)

The following fall within this subsection—

(a)

the Secretary of State;

(b)

the official receiver;

(F7ba)

an officer of Revenue and Customs;

(c)

the F8Competition and Markets Authority;

(d)

the liquidator;

(e)

a specified regulator (within the meaning of section 9E).

Annotations

Textual amendments

F1: Words in s. 16(1) omitted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 12(2); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
F2: Words in s. 16(2) substituted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 12(3)(a); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
F3: Figure in s. 16(2) substituted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 11(1); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3
F4: Words in s. 16(2) inserted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 12(3)(b); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
F5: Words in s. 16(3) substituted (20.6.2003) by 2002 c. 40, ss. 204(6), 279; S.I. 2003/1397, art. 2, Sch.
F6: S. 16(4) inserted (20.6.2003) by 2002 c. 40, ss. 204(7), 279; S.I. 2003/1397, art. 2, Sch.
F7: S. 16(4)(ba) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(8) (with Sch. 13 para. 4(2))
F8: Words in s. 16(4)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 53(e) (with art. 3)

Modifications

C1: Ss. 16, 17 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21