Article 11E Disqualification undertaking instead of an order under Article 11DF1

(1)

If it appears to the Department that it is expedient in the public interest to do so, the Department may accept a disqualification undertaking from a person (“P”) if—

(a)

any of the following is the case—

(i)

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,

(ii)

the Department has accepted a disqualification undertaking from such a person under Article 11(3), or

(iii)

it appears to the Department that such an undertaking could be accepted from such a person (if one were offered), and

(b)

it appears to the Department that P exercised the requisite amount of influence over the person.

That person is referred to in this Article as “the main transgressor”.

(2)

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 disqualification order made under Article 11,

(b)

in relation to which the disqualification undertaking was accepted from the main transgressor under Article 11(3), or

(c)

which led the Department to the conclusion set out in paragraph (1)(a)(iii),

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.

Annotations

Textual amendments

F1: Arts. 11A-11E and cross-heading inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 7; S.I. 2015/1689, reg. 2(h) (with Sch. para. 9)