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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)
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Changes and effects yet to be applied to :
- Sch. 3 para. 3-5 revoked by S.I. 2008/2860 Sch. 1 (This amendment not applied to legislation.gov.uk. The text to be amended is not available on legislation.gov.uk)
- art. 11 applied (with modifications) by 2024 c. 3 Sch. 13 para. 5(2)
- art. 17 heading words substituted by 2024 c. 3 Sch. 13 para. 3
SCHEDULES
Article 17A
[F1SCHEDULE 1N.I.DETERMINING UNFITNESS ETC: MATTERS TO BE TAKEN INTO ACCOUNT
F1Sch. 1 substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(6); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
Modifications etc. (not altering text)
C1Sch. 1 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))
F2Matters to be taken into account in all casesN.I.
F2Mod. SR 2004/307
1 The extent to which the person was responsible for the causes of any material contravention by a company or overseas company of any applicable legislative or other requirement.N.I.
2 Where applicable, the extent to which the person was responsible for the causes of a company or overseas company becoming insolvent.N.I.
3 The frequency of conduct of the person which falls within paragraph 1 or 2.N.I.
4 The nature and extent of any loss or harm caused, or any potential loss or harm which could have been caused, by the person's conduct in relation to a company or overseas company.N.I.
Additional matters to be taken into account where the person is or has been a directorN.I.
5 Any misfeasance or breach of any fiduciary duty by the director in relation to a company or overseas company.N.I.
6 Any material breach of any legislative or other obligation of the director which applies as a result of being a director of a company or overseas company.N.I.
7 The frequency of conduct of the director which falls within paragraph 5 or 6.N.I.
InterpretationN.I.
8 Paragraphs (1A) to (2A) of Article 9 apply for the purposes of this Schedule as they apply for the purposes of that Article.N.I.
9 In this Schedule “director” includes a shadow director.]N.I.
SCHEDULE 2N.I.TRANSITIONAL PROVISIONS AND SAVINGS
1. In this Schedule, “the commencement date” for the purposes of any provision of this Schedule, means the day appointed under Article 1 for the coming into operation of that provision.N.I.
2. Where any period of time specified in any provision repealed by Article 26(3) and Schedule 4 is current immediately before the commencement date, this Order has effect as if the corresponding provision had been in operation when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current is deemed for the purposes of this Order—N.I.
(a)to run from the date or event from which it was running immediately before the commencement date, and
(b)to expire (subject to any provision of this Order for its extension) whenever it would have expired if this Order had not been passed;
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Order as they were or would have been under that repealed provision.
3. The provision of this Schedule shall have effect without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 (c. 33).N.I.
N.I.
Schedule 3—Amendments
N.I.
Schedule 4—Repeals
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