Article 17A Determining unfitness etc.: matters to be taken into accountF1

(1)

This Article applies where the High Court must determine—

(a)

whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b)

whether to exercise any discretion it has to make a disqualification order under any of Articles 5 to 7, 8A, 11 or 14;

(c)

where the Court has decided to make a disqualification order under any of those Articles or is required to make an order under Article 9, what the period of disqualification should be.

(2)

This Article also applies where the Department must determine—

(a)

whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b)

whether to exercise any discretion the Department has to accept a disqualification undertaking under any of Articles 8A, 10 or 11.

(3)

In making any such determination in relation to a person, the High Court or the Department must—

(a)

in every case, have regard in particular to the matters set out in paragraphs 1 to 4 of Schedule 1;

(b)

in a case where the person concerned is or has been a director of a company or overseas company, also have regard in particular to the matters set out in paragraphs 5 to 7 of that Schedule.

(4)

In this Article “director” includes a shadow director.

(5)

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

(6)

The Department may by order modify Schedule 1; and such an order may contain such transitional provision as may appear to the Department to be necessary or expedient.

(7)

An order under paragraph (5) is subject to affirmative resolution.

Annotations

Textual amendments

F1: Art. 17A inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(5); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)