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Company Directors Disqualification Act 1986
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- UK Public General Acts
- 1986 c. 46
- Other cases of disqualification
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Changes over time for: Cross Heading: Other cases of disqualification
Version Superseded: 01/04/2004
Alternative versions:
- 01/02/1991- Amendment
- 02/04/2001- Amendment
- 01/12/2001
Point in time - 01/04/2004- Amendment
- 01/09/2004- Amendment
- 24/02/2009- Amendment
- 01/10/2009- Amendment
- 01/10/2012- Amendment
- 26/05/2015- Amendment
- 01/10/2015- Amendment
- 06/04/2016- Amendment
- 30/11/2016- Amendment
- 08/12/2017- Amendment
- 26/10/2023- Amendment
- 22/02/2024- Amendment
- 04/03/2024- Amendment
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Point in time view as at 01/12/2001. This version of this cross heading contains provisions that are not valid for this point in time.
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Changes to legislation:
There are currently no known outstanding effects for the Company Directors Disqualification Act 1986, Cross Heading: Other cases of disqualification.
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Other cases of disqualificationE+W+S
10 Participation in wrongful trading. E+W+S
(1)Where the court makes a declaration under section 213 or 214 of the Insolvency Act 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 section is 15 years.
Modifications etc. (not altering text)
C1Ss. 9, 10 extended (with modifications) by S.I. 1986/2142, art. 6
C2Ss. 9, 10 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
C3S. 10 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
11 Undischarged bankrupts. E+W+S
(1)It is an offence for a person who is an undischarged bankrupt to act as director of, or directly or indirectly to take part in or be concerned in the promotion, formation or management of, a company, except with the leave of the court.
(2)“The court” for this purpose is the court by which the person was adjudged bankrupt or, in Scotland, sequestration of his estates was awarded.
(3)In England and Wales, the leave of the court shall not be given unless notice of intention to apply for it has been served on the official receiver; and it is the latter’s duty, if he is of opinion that it is contrary to the public interest that the application should be granted, to attend on the hearing of the application and oppose it.
Modifications etc. (not altering text)
C4Ss. 11, 12(2)extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
12 Failure to pay under county court administration order.E+W+S
(1)The following has effect where a court under section 429 of the Insolvency Act revokes an administration order under Part VI of the M1County Courts Act 1984.
(2)A person to whom that section applies by virtue of the order under section 429(2)(b) shall not, except with the leave of the court which made the order, act as director or liquidator of, or directly or indirectly take part or be concerned in the promotion, formation or management of, a company.
Modifications etc. (not altering text)
C5Ss. 11, 12(2) extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
Marginal Citations
[F112A Northern Irish disqualification orders.E+W+S
A person subject to a disqualification order under Part II of the M2Companies (Northern Ireland) Order 1989—
(a)shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the High Court of Northern Ireland, and
(b)shall not act as an insolvency practitioner.]
Textual Amendments
F1S. 12A inserted (2.4.2001) by 2000 c. 39, s. 7(1); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
Marginal Citations
Valid from 01/09/2004
[F212BNorthern Irish disqualification undertakingsE+W+S
A person subject to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002–
(a)shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the High Court of Northern Ireland, and
(b)shall not act as an insolvency practitioner.]
Textual Amendments
F2S. 12B inserted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(2) (with art. 1(2))
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