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Section 8 Disqualification of director on finding of unfitness.F9C1C2C3C4C5

England, Wales and Scotland

F1(1)

If it appears to the Secretary of State F2... that it is expedient in the public interest that a disqualification order should be made against a person who is, or has been, a director or shadow director of a company, he may apply to the court for such an order.

F3(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The court may make a disqualification order against a person where, on an application under this section, it is satisfied that his conduct in relation to the company F4(either taken alone or taken together with his conduct as a director or shadow director of one or more other companies or overseas companies) makes him unfit to be concerned in the management of a company.

F5(2A)

Where it appears to the Secretary of State F6... that, in the case of a person who has offered to give him a disqualification undertaking—

(a)

the conduct of the person in relation to a company of which the person is or has been a director or shadow director F7(either taken alone or taken together with his conduct as a director or shadow director of one or more other companies or overseas companies) makes him unfit to be concerned in the management of a company, and

(b)

it is expedient in the public interest that he should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),

he may accept the undertaking.

F8(2B)

Subsection (1A) of section 6 applies for the purposes of this section as it applies for the purposes of that section.

(3)

In this section “the court” means the High Court or, in Scotland, the Court of Session.

(4)

The maximum period of disqualification under this section is 15 years.

Annotations

Textual amendments

F1

S. 8(1)(1A) substituted (1.12.2001) for s. 8(1) by S.I. 2001/3649, arts. 1, 39

F2

Words in s. 8(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), ss. 109(1)(a), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(e)

F3

S. 8(1A) 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), ss. 109(1)(b), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(e)

F4

Words in s. 8(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), ss. 106(3)(a), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(d) (with Sch. para. 2)

F5

S. 8(2A) inserted (2.4.2001) by 2000 c. 39, s. 6(4); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)

F6

Words in s. 8(2A) 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), ss. 109(1)(c), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(e)

F7

Words in s. 8(2A)(a) 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), ss. 106(3)(b), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(d) (with Sch. para. 2)

F8

S. 8(2B) 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), ss. 106(3)(c), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(d) (with Sch. para. 2)

F9

S. 8 heading 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), ss. 109(2), 164(1); S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(e)

Modifications

C1

S. 8 extended (with modifications) by S.I. 1986/2142, art. 6

C2

S. 8 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21

C3

S. 8 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 470)

C4

Ss. 6-10 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)

C5

S. 8 applied (with modifications) (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 5(1) (with Sch. 13 para. 5(3))