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The Company Directors Disqualification (Northern Ireland) Order 2002
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- Northern Ireland Orders in Council
- 2002 No. 3150 (N.I. 4)
- Other cases of disqualification
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Changes over time for: Other cases of disqualification
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Other cases of disqualificationN.I.
Participation in wrongful tradingN.I.
14.—(1) Where the High Court makes a declaration under Article 177 or 178 of [F1the Insolvency (Northern Ireland) Order 1989] that a person is liable to make a contribution to a company's assets, then, whether or not an application for such an order is made by any person, the Court may, if it thinks fit, also make a disqualification order against the person to whom the declaration relates.
(2) The maximum period of disqualification under this Article is 15 years.
F1Words in art. 14(1) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 209 (with art. 10)
Modifications etc. (not altering text)
C1Art. 14 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))
Undischarged bankruptsN.I.
15.—[F2(1) It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the High Court, at a time when—
(a)he is an undischarged bankrupt, or
[F3(aa)a moratorium period under a debt relief order applies in relation to him, or]
(b)a bankruptcy restrictions order [F4or a debt relief restrictions order] is in force in respect of him.]
(2) The leave of the High Court shall not be given unless notice of intention to apply for it has been served on the official receiver and the official receiver shall, if he is of opinion that it is contrary to the public interest that the application should be granted, attend on the hearing of the application and oppose it.
[F5(3) In this Article “company” includes a company incorporated outside Northern Ireland that has an established place of business in Northern Ireland.]
F2Art. 15(1) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 13(3), Sch. 6 para. 5; S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)
F3Art. 15(1)(aa) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 6(a); S.R. 2011/13, art. 2
F4Words in art. 15(1)(b) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 6(b); S.R. 2011/13, art. 2
F5Art. 15(3) added (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 210 (with art. 10)
Modifications etc. (not altering text)
C2Art. 15 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))
Failure to pay under administration orderN.I.
16.—(1) The following has effect where an administration order under Part VI of the Judgments Enforcement (Northern Ireland) Order 1981 (NI 6) is revoked.
(2) A person to whom Article 86 of that Order of 1981 (default of debtor) applies by virtue of an order under paragraph (1) of that Article shall not, except with the leave of the High Court, act as director or liquidator of, or directly or indirectly take part in or be concerned in the promotion, formation or management of, a company.
Modifications etc. (not altering text)
C3Art. 16(2) 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))
Persons disqualified in Great BritainN.I.
17. A person subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46)—
(a)shall not be a director of a company, act as receiver of a company's property or in any way either directly or indirectly be concerned or take part in the promotion, formation or management of a company unless (in each case) he has leave of the High Court; and
(b)shall not act as an insolvency practitioner.
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