Section 2 Disqualification on conviction of indictable offence.C1

England, Wales and Scotland

(1)

The court may make a disqualification order against a person where he is convicted of an indictable offence (whether on indictment or summarily) in connection with the promotion, formation, management F1liquidation or striking off of a company F2with the receivership of a company’s property or with his being an administrative receiver of a company.

F3(1A)

In subsection (1), “company” includes overseas company.

(2)

“The court” for this purpose means—

(a)

any court having jurisdiction to wind up the company in relation to which the offence was committed, or

F4(aa)

in relation to an overseas company not falling within paragraph (a), the High Court or, in Scotland, the Court of Session, or

(b)

the court by or before which the person is convicted of the offence, or

(c)

in the case of a summary conviction in England and Wales, any other magistrates’ court acting F5in the same local justice area;

M1and for the purposes of this section the definition of “indictable offence” in Schedule 1 to the Interpretation Act 1978 applies for Scotland as it does for England and Wales.

(3)

The maximum period of disqualification under this section is—

(a)

where the disqualification order is made by a court of summary jurisdiction, 5 years, and

(b)

in any other case, 15 years.

Annotations

Textual amendments

F1: Words in s. 2(1) substituted (1.7.1995) by 1994 c. 40, s. 39, Sch. 11 para. 6; S.I. 1995/1433, art. 3
F2: Words in s. 2(1) substituted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 3; S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F3: S. 2(1A) 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. 4(2); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
F4: S. 2(2)(aa) 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. 4(3); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
F5: Words in s. 2(2)(c) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 30(a); S.I. 2005/910, art. 3(y)

Marginal citations

M1: 1978 c. 30.

Modifications

C1: Ss. 1, 2 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21