Part 10U.K.A company's directors

Chapter 1U.K.Appointment and removal of directors

AppointmentU.K.

158Power to provide for exceptions from minimum age requirementU.K.

(1)The Secretary of State may make provision by regulations for cases in which a person who has not attained the age of 16 years may be appointed a director of a company.

(2)The regulations must specify the circumstances in which, and any conditions subject to which, the appointment may be made.

(3)If the specified circumstances cease to obtain, or any specified conditions cease to be met, a person who was appointed by virtue of the regulations and who has not since attained the age of 16 years ceases to hold office [F1by virtue of that appointment].

[F2(3A)Nothing in subsection (3) affects any liability of a person under any provision of the Companies Acts or any other enactment, if, having ceased to hold office by virtue of that subsection, the person—

(a)purports to act as director, or

(b)acts as shadow director.]

(4)The regulations may make different provision for different parts of the United Kingdom.

This is without prejudice to the general power to make different provision for different cases.

(5)Regulations under this section are subject to negative resolution procedure.

Textual Amendments

F1Words in s. 158(3) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 41(3)(a), 219(1)(2)(b); S.I. 2024/269, reg. 2(z5)

F2S. 158(3A) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 41(3)(b), 219(1)(2)(b); S.I. 2024/269, reg. 2(z5)

Commencement Information

I1S. 158 wholly in force at 1.10.2008; s. 158 not in force at Royal Assent, see s. 1300; s. 158 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5) ; s. 158 in force at 1.10.2008 by S.I. 2007/3495, art. 5(1)(c) (with savings in arts. 7, 12)