{
  "url": "https://openlegislation.uk/insolvent-companies-disqualification-of-unfit-directors-proceedings-amendment-rules-2003/note",
  "json_url": "https://openlegislation.uk/insolvent-companies-disqualification-of-unfit-directors-proceedings-amendment-rules-2003/note.json",
  "legislation": "uksi/2003/1367",
  "legislation_title": "The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2003",
  "legislation_url": "https://openlegislation.uk/insolvent-companies-disqualification-of-unfit-directors-proceedings-amendment-rules-2003",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules amend the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (“the principal Rules”) which provide procedures for applications by the Secretary of State or the official receiver for the disqualification of directors by courts in England and Wales under sections 7 and 8 of the Company Directors Disqualification Act 1986 (“the CDDA 1986”).\nThe CDDA 1986, as amended by the Enterprise Act 2002, enables the Office of Fair Trading and certain sector regulators (listed in section 9E(2) of the CDDA 1986) to make an application to the High Court for a competition disqualification order. The court will be under an obligation to make a competition disqualification order where it is satisfied that the company has committed a breach of competition law, as defined in the CDDA 1986, and where it considers that the conduct of the director in relation to that competition breach makes him unfit to be concerned in the management of a company.\nThe amendments to the principal Rules provide for the procedures as set out in those Rules to apply to applications in England and Wales made by the Office of Fair Trading or a specified regulator under section 9A of the CDDA 1986.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/1367/note",
    "retrieved_at": "2026-10-29T06:23:44.000953+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}