OpenLegislation

Article 20 Application for disqualification orderC1

Northern Ireland

(1)

A person intending to apply for the making of a disqualification order by the High Court shall give not less than 10 days' notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.

(2)

An application to the High Court for the making against any person of a disqualification order under any of Articles 5 to 7 may be made by the Department or the official receiver, or by the liquidator or any past or present member or creditor of any company F1or overseas company in relation to which that person has committed or is alleged to have committed an offence or other default.

(3)

On the hearing of an application made byF2 a person falling within paragraph (4) the applicant shall appear and call the attention of the High Court to any matters which seem to be relevant, and may give evidence or call witnesses.

F3(4)

The following fall within this paragraph—

(a)

the Department;

(b)

the official receiver;

(c)

the F4CMA;

(d)

the liquidator;

(e)

a specified regulator (within the meaning of Article 13E).

Annotations

Textual amendments

F1

Words in art. 20(2) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(12); S.I. 2015/1689, reg. 2(h)

F2

2005 NI 9

F3

2005 NI 9

F4

Word in art. 20(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 230 (with art. 3)

Modifications

C1

Art. 20 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))