Section 18 of the Company Director Disqualification Act 1986

Set out below in full is section 18 of the Company Director Disqualification Act 1986 setting out the general provisions relating to the register of director disqualification orders and director disqualification undertakings.

Register of director disqualification orders and director disqualification undertakings

1. The Secretary of State may make regulations requiring officers of courts to furnish him with such particulars as the regulations may specify of cases in which:

  •  a disqualification order is made, or
  • any action is taken by a court in consequence of which such an order or a disqualification undertaking is varied or ceases to be in force, or
  • leave is granted by a court for a person subject to such an order to do anything which otherwise the order prohibits him from doing; or
  • leave is granted by a court for a person subject to such an undertaking to do anything which otherwise the undertaking prohibits him from doing

and the regulations may specify the time within which, and the form and manner in which, such particulars are to be furnished.

2. The Secretary of State shall, from the particulars so furnished, continue to maintain the register of orders, and of cases in which leave has been granted as mentioned in subsection (1)(c)

2a. Subsection (2) does not apply to an application in the case of an undertaking given under section 9B, and in such a case on the hearing of the application whichever of the OFT or a specified regulator (within the meaning of section 9E) accepted the undertaking:

  • must appear and call the attention of the court to any matters which appear to it or him (as the case may be) to be relevant;
  • may give evidence or call witnesses.

3. When an order or undertaking of which entry is made in the register ceases to be in force, the Secretary of State shall delete the entry from the register and all particulars relating to it which have been furnished to him under this section or any previous corresponding provision and, in the case of a disqualification undertaking, any other particulars he has included in the register.

4. The register shall be open to inspection on payment of such fee as may be specified by the Secretary of State in regulations.

4a. Regulations under this section may extend the preceding provisions of this section, to such extent and with such modifications as may be specified in the regulations, to disqualification orders or disqualification undertakings made under the Company Directors Disqualification (Northern Ireland) Order 2002.

5. Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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