Section 1A Disqualification undertakings: general.F1C1
United Kingdom
In the circumstances specified in sections F25A, 7, 8, 8ZC F3, 8ZE, 8ZF and 8ZG the F4appropriate authority may accept a disqualification undertaking, that is to say an undertaking by any person that, for a period specified in the undertaking, the person—
will not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of a court, and
will not act as an insolvency practitioner.
The maximum period which may be specified in a disqualification undertaking is 15 years; and the minimum period which may be specified in a disqualification undertaking under section 7 F5, 8ZC or 8ZF is two years.
Where a disqualification undertaking by a person who is already subject to such an undertaking or to a disqualification order is accepted, the periods specified in those undertakings or (as the case may be) the undertaking and the order shall run concurrently.
In determining whether to accept a disqualification undertaking by any person, the F6appropriate authority may take account of matters other than criminal convictions, notwithstanding that the person may be criminally liable in respect of those matters.
In this section “the appropriate authority” means—
in relation to an undertaking under section 8ZF or 8ZG, an officer of Revenue and Customs;
in any other case, the Secretary of State.
Annotations
Textual amendments
- F1
S. 1A inserted (2.4.2001) by 2000 c. 39, s. 6(2); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
- F2
Words in s. 1A(1) 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. 3(2); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
- F3
Words in s. 1A(1) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(3)(a)(i) (with Sch. 13 para. 4(2))
- F4
Words in s. 1A(1) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(3)(a)(ii) (with Sch. 13 para. 4(2))
- F5
Words in s. 1A(2) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(3)(b) (with Sch. 13 para. 4(2))
- F6
Words in s. 1A(4) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(3)(c) (with Sch. 13 para. 4(2))
- F7
S. 1A(5) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(3)(d) (with Sch. 13 para. 4(2))
Modifications
- C1
S. 1A applied (with modifications) by S.I. 1994/2421, art. 16, Sch. 8 (as amended (E.W.) (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 paras. 4, 8)