SCHEDULES
C1F2SCHEDULE 1DETERMINING UNFITNESS ETC: MATTERS TO BE TAKEN INTO ACCOUNT
Sch. 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))
F1Matters to be taken into account in all cases
Mod. 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.
2
Where applicable, the extent to which the person was responsible for the causes of a company or overseas company becoming insolvent.
3
The frequency of conduct of the person which falls within paragraph 1 or 2.
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.
Additional matters to be taken into account where the person is or has been a director
5
Any misfeasance or breach of any fiduciary duty by the director in relation to a company or overseas company.
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.
7
The frequency of conduct of the director which falls within paragraph 5 or 6.
Interpretation
8
Paragraphs (1A) to (2A) of Article 9 apply for the purposes of this Schedule as they apply for the purposes of that Article.
9
In this Schedule “director” includes a shadow director.
SCHEDULE 2TRANSITIONAL 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.
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Where any period of time specified in any provision repealed by Article 26(3) and Schedule 4 is current immediately before the commencement date, this Order has effect as if the corresponding provision had been in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—
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).
Schedule 3—Amendments
Schedule 4—Repeals
Sch. 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)