Company Directors Disqualification Act 1986

Company Directors Disqualification Act 1986 is up to date with all changes known to be in force on or before 18 September 2024. There are changes that may be brought into force at a future date.

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Changes and effects yet to be applied to :

• s. 9A(4) word substituted by 2024 c. 13s. 99(1)(a)
• s. 12 applied by 1986 c. 45 s. 429(2) (as substituted) by 2007 c. 15Sch. 16para. 3(2)
• s. 12 title substituted by 2007 c. 15Sch. 16para. 5(2)
• s. 12(1) repealed by 2007 c. 15Sch. 16para. 5(3)Sch. 23Pt. 5
• s. 12(2) words substituted by 2007 c. 15Sch. 16para. 5(4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 9A(4)(e) (f) inserted by 2024 c. 13s. 99(1)(b)

1. Introductory Text
2. Preliminary
   1. 1.Disqualification orders: general.
   2. 1A.Disqualification undertakings: general.
   1. 2.Disqualification on conviction of indictable offence.
   2. 3.Disqualification for persistent breaches of companies legislation.
   3. 4.Disqualification for fraud, etc., in winding up.
   4. 5.Disqualification on summary conviction.
   5. 5A.Disqualification for certain convictions abroad
   1. 6.Duty of court to disqualify unfit directors .
   2. 7.Disqualification orders under section 6: applications and acceptance of undertakings
   3. 7A.Office-holder's report on conduct of directors
   4. 8.Disqualification of director on finding of unfitness.
   1. 8ZA.Order disqualifying person instructing unfit director .
   2. 8ZB.Application for order under section 8ZA
   3. 8ZC.Disqualification undertaking instead of an order under section 8ZA
   4. 8ZD.Order disqualifying person instructing unfit director: other cases
   5. 8ZE.Disqualification undertaking instead of an order under section 8ZD
   1. 8ZF.Disqualification following winding up under s.85 of Finance Act 2022
   2. 8ZG.Disqualification on finding of unfitness: promoters of tax avoidance
   1. 8A.Variation etc. of disqualification undertaking.
   2. 9.Matters for determining unfitness of directors.
   1. 9A.Competition disqualification order
   2. 9B.Competition undertakings
   3. 9C.Competition investigations
   4. 9D.Co-ordination
   5. 9E.Interpretation
   1. 10.Participation in wrongful trading.
   2. 11.Undischarged bankrupts.
   3. 11A.Designated persons under sanctions legislation
   4. 12.Failure to pay under county court administration order.
   5. 12A.Northern Irish disqualification orders.
   6. 12B.Northern Irish disqualification undertakings
   7. 12C.Determining unfitness etc: matters to be taken into account
   1. 13.Criminal penalties.
   2. 14.Offences by body corporate.
   3. 15.Personal liability for company’s debts where person acts while disqualified.
   1. 15A.Compensation orders and undertakings
   2. 15B.Amounts payable under compensation orders and undertakings
   3. 15C.Variation and revocation of compensation undertakings
   1. 16.Application for disqualification order.
   2. 17.Application for leave under an order or undertaking.
   3. 18.Register of disqualification orders and undertakings.
   4. 19.Special savings from repealed enactments.
   1. 20.Admissibility in evidence of statements.
   2. 20A.Legal professional privilege
   3. 21.Interaction with Insolvency Act 1986 etc.
   4. 21A.Bank insolvency
   5. 21B.Bank administration
   6. 21C.Building society insolvency and special administration
   7. 22.Interpretation.
   8. 22A.Application of Act to building societies.
   9. 22B.Application of Act to incorporated friendly societies.
   10. 22C.Application of Act to NHS foundation trusts
   11. 22D.Application of Act to open-ended investment companies
   12. 22E.Application of Act to registered societies
   13. 22F.Application of Act to charitable incorporated organisations
   14. 22G.Application of Act to further education bodies
   15. 22H.Application of Act to protected cell companies
   16. 22I.Power to amend application of Act in relation to relevant entities
   17. 23.Transitional provisions, savings, repeals.
   18. 24.Extent.
   19. 25.Commencement.
   20. 26.Citation.
   1. SCHEDULE 1Determining unfitness etc : matters to be taken into account
      1. Matters to be taken into account in all cases
         1. 1.The extent to which the person was responsible for the.
         2. 2.Where applicable, the extent to which the person was responsible.
         3. 3.The frequency of conduct of the person which falls within.
         4. 4.The nature and extent of any loss or harm caused.
         1. 5.Any misfeasance or breach of any fiduciary duty by the.
         2. 6.Any material breach of any legislative or other obligation of.
         3. 7.The frequency of conduct of the director which falls within.
         1. 8.Subsections (1A) to (2A) of section 6 apply for the.
         2. 9.In this Schedule “ director ” includes a shadow director.
         1. 1.Sections 2 and 4(1)(b) do not apply in relation to.
         2. 2.Subject to paragraph 1— (a) section 2 applies in a.
         3. 3.Subject to paragraph 1, section 4 applies in relation to.
         4. 4.The powers of a court under section 5 are not.
         5. 5.For purposes of section 3(1) and section 5, no account.
         6. 6.An order made under section 28 of the Companies Act.
         7. 7.Where— (a) an application is made for a disqualification order.
         8. 8.An application shall not be made under section 8 of.
         1. 1.In this Schedule, “the former enactments” means so much of.
         2. 2.So far as anything done or treated as done under.
         3. 3.Where any period of time specified in a provision of.
         4. 4.Where in any provision of this Act there is a.
         5. 5.Offences committed before the appointed day under any provision of.
         6. 6.A reference in any enactment, instrument or document (whether express.

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