# The Company Directors Disqualification (Northern Ireland) Order 2002, Article 11D: Order disqualifying person instructing unfit director: other cases


(1) The High Court may make a disqualification order against a person (“P”) if, on an application under this Article, it is satisfied—
(a) either—
(i) that a disqualification order under Article 11 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 Department has accepted a disqualification undertaking from such a person under Article 11(3), and
(b) that P exercised the requisite amount of influence over the person.
That person is referred to in this Article as “the main transgressor”.
(2) The Department may make an application to the High Court for a disqualification order against P under this Article if it appears to the Department that it is expedient in the public interest for such an order to be made.
(3) For the purposes of this Article, 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 Article 11, or
(b) in relation to which the undertaking was accepted from the main transgressor under Article 11(3),
was the result of the main transgressor acting in accordance with P's directions or instructions.
(4) 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.
(5) Under this Article the maximum period of disqualification is 15 years.

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Source: https://www.legislation.gov.uk/nisi/2002/3150/article/11D (the official version)
Page: https://openlegislation.uk/company-directors-disqualification-northern-ireland-order-2002/article-11D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

