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Article 11 Disqualification of director on finding of unfitnessF7C1C2

Northern Ireland

(1)

If it appears to the Department F1... 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, the Department may apply to the High Court for such an order.

F2(2)

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

(3)

Where it appears to the Department F3... that, in the case of a person who has offered to give the Department 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 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, and

(b)

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

the Department may accept the undertaking.

(4)

The High Court may make a disqualification order against a person where, on an application under this Article, it is satisfied that his conduct in relation to the company F5(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.

F6(4A)

Paragraph (1A) of Article 9 applies for the purposes of this Article as it applies for the purposes of that Article.

(5)

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

Annotations

Textual amendments

F1

Words in art. 11(1) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(a); S.I. 2015/1689, reg. 2(h)

F2

Art. 11(2) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(b); S.I. 2015/1689, reg. 2(h)

F3

Words in art. 11(3) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(2)(c); S.I. 2015/1689, reg. 2(h)

F4

Words in art. 11(3)(a) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(a); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)

F5

Words in art. 11(4) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(b); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)

F6

Art. 11(4A) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(3)(c); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)

F7

Art. 11 heading substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 6(3); S.I. 2015/1689, reg. 2(h)

Modifications

C1

Art. 11 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))

C2

Art. 11 applied (with modifications) (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 5(2) (with Sch. 13 para. 5(3))