# Company Directors Disqualification Act 1986, Section 8ZA: Order disqualifying person instructing unfit director ...

Extent: E+W+S

(1) The court may make a disqualification order against a person (“P”) if, on an application under section 8ZB, it is satisfied—
(a) either—
(i) that a disqualification order under section 6 has been made against a person who is or has been a director (but not a shadow director) of a company, or
(ii) that the Secretary of State has accepted a disqualification undertaking from such a person under section 7(2A), and
(b) that P exercised the requisite amount of influence over the person.
That person is referred to in this section as “the main transgressor”.
(2) For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a) for which the main transgressor is subject to the order made under section 6, or
(b) in relation to which the undertaking was accepted from the main transgressor under section 7(2A),
was the result of the main transgressor acting in accordance with P's directions or instructions.
(3) But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4) Under this section the minimum period of disqualification is 2 years and the maximum period is 15 years.
(5) In this section and section 8ZB “the court” has the same meaning as in section 6; and subsection (3B) of section 6 applies in relation to proceedings mentioned in subsection (6) below as it applies in relation to proceedings mentioned in section 6(3B)(a) and (b).
(6) The proceedings are proceedings—
(a) for or in connection with a disqualification order under this section, or
(b) in connection with a disqualification undertaking accepted under section 8ZC.

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Source: https://www.legislation.gov.uk/ukpga/1986/46/section/8ZA (the official version)
Page: https://openlegislation.uk/company-directors-disqualification-act-1986/section-8ZA
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

