Section 1 of the Director Disqualification Act deals with general provisions and prohibitions relating to disqualification orders. Our expert team has been dealing with disqualification claims since 2002 and assisted 100's directors over the years. Let us help you too.
Set out below in full is section 1 of the Company Director disqualification Act 1986 setting out the general provisions relating to director disqualification proceedings and the consequences of a director disqualification order on an individual.
Disqualification orders: general.
- in the circumstances specified below in this Act a court may, and under sections 6 and 9A shall, make against a person a disqualification order, that is to say an order that for a period specified in the order— (a) he 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 court, and (b) he shall not act as an insolvency practitioner.
- in each section of this Act which gives to a court power or, as the case may be, imposes on it the duty to make a disqualification order there is specified the maximum (and, in section 6, the minimum) period of disqualification which may or (as the case may be) must be imposed by means of the order and, unless the court otherwise orders, the period of disqualification so imposed shall begin at the end of the period of 21 days beginning with the date of the order.
- where a disqualification order is made against a person who is already subject to such an order or to a disqualification undertaking, the periods specified in those orders or, as the case may be, in the order and the undertaking shall run concurrently.
- a disqualification order may be made on grounds which are or include matters other than criminal convictions, notwithstanding that the person in respect of whom it is to be made may be criminally liable in respect of those matters.
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