17 Application for leave under an order or undertaking.
(1) Where a person is subject to a disqualification order made by a court having jurisdiction to wind up companies, any application for leave for the purposes of section 1(1)(a) shall be made to that court.
(2) Where—
(a) a person is subject to a disqualification order made under section 2 by a court other than a court having jurisdiction to wind up companies, or
(b) a person is subject to a disqualification order made under section 5,
any application for leave for the purposes of section 1(1)(a) shall be made to any court which, when the order was made, had jurisdiction to wind up the company (or, if there is more than one such company, any of the companies) to which the offence (or any of the offences) in question related.
(3) Where a person is subject to a disqualification undertaking accepted at any time under section 5A, 7 or 8, any application for leave for the purposes of section 1A(1)(a) shall be made to any court to which, if the Secretary of State had applied for a disqualification order under the section in question at that time, his application could have been made.
(3ZA) Where a person is subject to a disqualification undertaking accepted at any time under section 8ZC, any application for leave for the purposes of section 1A(1)(a) must be made to any court to which, if the Secretary of State had applied for a disqualification order under section 8ZA at that time, that application could have been made.
(3ZB) Where a person is subject to a disqualification undertaking accepted at any time under section 8ZE, any application for leave for the purposes of section 1A(1)(a) must be made to the High Court or, in Scotland, the Court of Session.
(3ZC) Where a person is subject to a disqualification undertaking accepted at any time under section 8ZF or 8ZG, any application for leave for the purposes of section 1A(1)(a) must be made to any court to which, if an officer of Revenue and Customs had applied for a disqualification order under the section in question at that time, the application could have been made.
(3A) Where a person is subject to a disqualification undertaking accepted at any time under section 9B any application for leave for the purposes of section 9B(4) must be made to the High Court or (in Scotland) the Court of Session.
(4) But where a person is subject to two or more disqualification orders or undertakings (or to one or more disqualification orders and to one or more disqualification undertakings), any application for leave for the purposes of section 1(1)(a) 1A(1)(a) or 9B(4) shall be made to any court to which any such application relating to the latest order to be made, or undertaking to be accepted, could be made.
(5) On the hearing of an application for leave for the purposes of section 1(1)(a) or 1A(1)(a), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
(5A) Subsection (5) does not apply to an application for leave—
(a) for the purposes of section 1(1)(a) if the application for the disqualification order was made by an officer of Revenue and Customs, or
(b) for the purposes of section 1A(1)(a) if the disqualification undertaking was accepted by an officer of Revenue and Customs.
(5B) In such a case, on the hearing of the application an officer of Revenue and Customs—
(a) must appear and call the attention of the court to any matters which appear to the officer to be relevant;
(b) may give evidence or call witnesses.
(6) Subsection (5) does not apply to an application for leave for the purposes of section 1(1)(a) if the application for the disqualification order was made under section 9A.
(7) In such a case and in the case of an application for leave for the purposes of section 9B(4) on the hearing of the application whichever of the Competition and Markets Authority or a specified regulator (within the meaning of section 9E) applied for the order or accepted the undertaking (as the case may be)—
(a) must appear and draw the attention of the court to any matters which appear to it or him (as the case may be) to be relevant;
(b) may give evidence or call witnesses.
18 Register of disqualification orders and 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) a disqualification order is made, or
(b) 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
(c) leave is granted by a court for a person subject to such an order to do any thing which otherwise the order prohibits him from doing; or
(d) 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) The Secretary of State must include in the register such particulars as he considers appropriate of—
(a) disqualification undertakings accepted by him under section 5A, 7, 8, 8ZC or 8ZE;
(aa) disqualification undertakings accepted by an officer of Revenue and Customs under section 8ZF or 8ZG;
(b) disqualification undertakings accepted by the Competition and Markets Authority or a specified regulator under section 9B;
(c) cases in which leave has been granted as mentioned in subsection (1)(d);
(d) persons who are subject to director disqualification sanctions within the meaning of section 11A;
(e) any licences issued by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018.
(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.
Schedule 2 to this Act has effect—
(a) in connection with certain transitional cases arising under sections 93 and 94 of the Companies Act 1981, so as to limit the power to make a disqualification order, or to restrict the duration of an order, by reference to events occurring or things done before those sections came into force,
(b) to preserve orders made under section 28 of the Companies Act 1976 (repealed by the Act of 1981), and
(c) to preclude any applications for a disqualification order under section 6 or 8, where the relevant company went into liquidation before 28th April 1986.
(1) In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections 5A, 6 to 10, 12C, 15 to 15C or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act 1986 or under the 1989 Order, may be used in evidence against any person making or concurring in making the statement.
(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—
(a) no evidence relating to the statement may be adduced, and
(b) no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
(3) Subsection (2) applies to any offence other than—
(a) an offence which is—
(i) created by rules made for the purposes of this Act under the Insolvency Act 1986, and
(ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
(b) an offence which is—
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this subsection by such regulations;
(c) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); ...
(d) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
(e) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements made otherwise than on oath).
(4) Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
(5) In subsection (1), “the 1989 Order” means the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).
In proceedings against a person for an offence under this Act nothing in this Act is to be taken to require any person to disclose any information that he is entitled to refuse to disclose on grounds of legal professional privilege (in Scotland, confidentiality of communications).
(1) References in this Act to the official receiver, in relation to the winding up of a company or the bankruptcy of an individual, are to any person who, by virtue of section 399 of the Insolvency Act 1986, is authorised to act as the official receiver in relation to that winding up or bankruptcy; and, in accordance with section 401(2) of that Act, references in this Act to an official receiver includes a person appointed as his deputy.
(2) Sections 1A 5A, 6 to 10, 12C to 15C, 19(c) and 20 of, and Schedule 1 to, this Act and sections 1 and 17 of this Act as they apply for the purposes of those provisions are deemed included in Parts I to VII of the Insolvency Act 1986 for the purposes of the following sections of that Act—
section 411 (power to make insolvency rules);
section 414 (fees orders);
section 420 (orders extending provisions about insolvent companies to insolvent partnerships);
section 422 (modification of such provisions in their application to recognised banks); . . .
(3) Section 434 of that Act (Crown application) applies to sections 1A 5A, 6 to 10, 12C to 15C, 19(c) and 20 of, and Schedule 1 to, this Act and sections 1 and 17 of this Act as they apply for the purposes of those provisions as it does to the provisions of that Act which are there mentioned.
(4) For the purposes of summary proceedings in Scotland, section 431 of that Act applies to summary proceedings for an offence under section 11 , 11A or 13 of this Act as it applies to summary proceedings for an offence under Parts I to VII of the Act.
(5) Sections 8ZF and 8ZG and the other provisions of this Act so far as relating to applications and orders made, and undertakings accepted, under those provisions in Northern Ireland, are deemed included in Parts 2 to 7 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) for the purposes of the following Articles of that Order—
Article 359 (power to make insolvency rules);
Article 361 (fees orders).
21C Building society insolvency and special administration
Section 90E of the Building Societies Act 1986 provides for this Act to apply in relation to building society insolvency and building society special administration as it applies in relation to liquidation.
(1) This section has effect with respect to the meaning of expressions used in this Act, and applies unless the context otherwise requires.
(2) “Company” means—
(a) a company registered under the Companies Act 2006 in Great Britain, or
(b) a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies).
(2A) An “overseas company” is a company incorporated or formed outside Great Britain.
(2B) So far as this Act extends to Northern Ireland, subsections (2) and (2A) do not apply and instead—
“company” means—
a company registered under the Companies Act 2006 in Northern Ireland, or
a company that may be wound up under Part 6 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (unregistered companies), and
“overseas company” means a company which is incorporated or formed outside Northern Ireland.
(3) Section 247 in Part VII of the Insolvency Act 1986(interpretation for the first Group of Parts of that Act) applies as regards references to a company’s insolvency and to its going into liquidation; and “administrative receiver” has the meaning given by section 251 of that Act and references to acting as an insolvency practitioner are to be read in accordance with section 388 of that Act.
(4) “Director” includes any person occupying the position of director, by whatever name called . . ..
(5) “Shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act , but so that a person is not deemed a shadow director by reason only that the directors act—
(a) on advice given by that person in a professional capacity;
(b) in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under an enactment;
(c) in accordance with guidance or advice given by that person in that person's capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
(6) “Body corporate” and “officer” have the same meaning as in the Companies Acts (see section 1173(1) of the Companies Act 2006).
(7) “The Companies Acts” has the meaning given by section 2(1) of the Companies Act 2006.
(8) Any reference to provisions, or a particular provision, of the Companies Acts or the Insolvency Act 1986 includes the corresponding provisions or provision of corresponding earlier legislation.
(9) Subject to the provisions of this section, expressions that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in this Act.
(10) Any reference to acting as receiver—
(a) includes acting as manager or as both receiver and manager, but
(b) does not include acting as administrative receiver;
and “receivership” is to be read accordingly.
(1) This Act applies to building societies as it applies to companies.
(2) References in this Act to a company, or to a director or an officer of a company include, respectively, references to a building society within the meaning of the Building Societies Act 1986 or to a director or officer, within the meaning of that Act, of a building society.
(3) In relation to a building society the definition of “shadow director” in section 22(5) applies with the substitution of “building society” for “company”.
(3A) In relation to a building society, this Act applies as if—
(a) sections 6(1)(a)(ii) and (3)(d) , 7(2)(b) and 11A were omitted;
(b) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent were omitted.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22B Application of Act to incorporated friendly societies.
(1) This Act applies to incorporated friendly societies as it applies to companies.
(2) References in this Act to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.
(3) In relation to an incorporated friendly society every reference to a shadow director shall be omitted.
(3A) In relation to an incorporated friendly society, this Act applies as if sections —
(a) sections 6(1)(a)(ii) and (3)(d), 7(2)(b) , 8ZA to 8ZE and 11A were omitted;
(b) references in sections 7(4)(a) and 15A(3)(b) to a company which has been dissolved without becoming insolvent were omitted.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act.
(2) References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted.
(2A) In relation to an NHS foundation trust, this Act applies as if—
(a) sections 6(1)(a)(ii) and (3)(d) , 7(2)(b) and 11A were omitted;
(b) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent were omitted.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this section “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”).
(2) This Act applies to registered societies as it applies to companies.
(3) Accordingly, in this Act—
(a) references to a company include a registered society, and
(b) references to a director or an officer of a company include a member of the committee or an officer of a registered society.
In paragraph (b) “committee” and “officer” have the same meaning as in the 2014 Act: see section 149 of that Act.
(4) As they apply in relation to registered societies, the provisions of this Act have effect with the following modifications—
(a) in section 2(1) (disqualification on conviction of indictable offence), the reference to striking off includes cancellation of the registration of a society under the 2014 Act;
(b) in section 3 (disqualification for persistent breaches) and section 5 (disqualification on summary conviction), references to the companies legislation shall be read as references to the legislation relating to registered societies;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) references to the registrar shall be read as references to the Financial Conduct Authority;
(e) references to a shadow director shall be disregarded
(f) sections 6(1)(a)(ii) and (3)(d), 7(2)(b) , 8ZA to 8ZE and 11A are to be disregarded;
(g) references in sections 7(4)(a) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The legislation relating to registered societies” means the Credit Unions Act 1979 and the Co-operative and Community Benefit Societies Act 2014.
22F Application of Act to charitable incorporated organisations
(1) This Act applies to charitable incorporated organisations (“CIOs”) as it applies to companies.
(2) Accordingly, in this Act—
(a) references to a company are to be read as including references to a CIO;
(b) references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and
(c) any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs.
(3) As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications—
(a) in section 2(1), the reference to striking off is to be read as including a reference to dissolution;
(b) in section 4(1)(a), the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012(fraudulent trading);
(ba) sections 6(1)(a)(ii) and (3)(d) and 7(2)(b) are to be disregarded;
(bb) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded;
(c) sections 9A to 9E are to be disregarded;
(d) references to any of sections 9A to 9E are to be disregarded;
(da) section 11A is to be disregarded;
(e) references to a shadow director are to be disregarded.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.
22G Application of Act to further education bodies
(1) This Act applies to further education bodies as it applies to companies.
(2) Accordingly, in this Act—
(a) references to a company are to be read as including references to a further education body;
(b) references to a director or an officer of a company are to be read as including references to a member of a further education body;
(c) any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to further education bodies.
(3) As they apply in relation to further education bodies, the provisions of this Act have effect with the following modifications—
(a) in section 2(1), the reference to striking off is to be read as including a reference to dissolution;
(aa) sections 6(1)(a)(ii) and (3)(d) and 7(2)(b) are to be disregarded;
(ab) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded;
(b) sections 9A to 9E are to be disregarded;
(c) references to any of sections 9A to 9E are to be disregarded;
(d) section 11A is to be disregarded.
(4) In this section—
“further education body” means—
a further education corporation, or
a sixth form college corporation;
“further education corporation” means a body corporate that—
is established under section 15 or 16 of the Further and Higher Education Act 1992, or
has become a further education corporation by virtue of section 33D or 47 of that Act;
“sixth form college corporation” means a body corporate—
designated as a sixth form college corporation under section 33A or 33B of the Further and Higher Education Act 1992, or
established under section 33C of that Act.
22H Application of Act to protected cell companies
(1) In this section—
(a) so far as this section extends to England and Wales and Scotland, “protected cell company” means a protected cell company incorporated under Part 4 of the Risk Transformation Regulations 2017 which has its registered office in England and Wales (or Wales) or Scotland; and
(aa) so far as this section extends to Northern Ireland, “protected cell company” means a protected cell company incorporated under Part 4 of the Risk Transformation Regulations 2017 which has its registered office in Northern Ireland;
(b) a reference to a part of a protected cell company is a reference to the core or a cell of the protected cell company (see regulations 42 and 43 of the Risk Transformation Regulations 2017).
(2) This Act applies to protected cell companies as it applies to companies.
(3) Accordingly, in this Act, references to a company are to be read as including references to a protected cell company.
(4) As they apply in relation to protected cell companies, the provisions of this Act have effect with the following modifications—
(za) sections 6(1)(a)(ii) and (3)(d) , 7(2)(b) and 11A are to be disregarded;
(zb) references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded;
(a) references to the administration, insolvency, liquidation or winding up of a company are to be read as references to the administration, insolvency, liquidation or winding up of a part of a protected cell company;
(b) references to striking off are to be read as including references to dissolution;
(c) references to a director of a company which is or has been insolvent are to be read as references to the director of a protected cell company, a part of which is or has been insolvent;
(d) references to a director of a company which is being or has been wound up are to be read as references to the director of a protected cell company, a part of which is being or has been wound up;
(e) references to the court with jurisdiction to wind up a company are to be read as references to the court with jurisdiction to wind up the parts of a protected cell company;
(f) references to the companies legislation are to be read as references to Part 4 of, and Schedules 1 to 3 to, the Risk Transformation Regulations 2017;
(g) references to the Insolvency Act 1986 are to be read as references to that Act as applied by Part 4 of, and Schedules 1 to 3 to, the Risk Transformation Regulations 2017;
(h) references to section 452 and 456 of the Companies Act 2006 are to be read as references to those sections as applied by regulation 163 of the Risk Transformation Regulations 2017;
(i) references to the registrar of companies are to be read as references to the Financial Conduct Authority; and
(j) so far as this section extends to England and Wales and Scotland, references to an overseas company include references to a protected cell company incorporated under the Risk Transformation Regulations 2017 which has its registered office in Northern Ireland;
(k) so far as this section extends to Northern Ireland, references to an overseas company include references to a protected cell company incorporated under the Risk Transformation Regulations 2017 which has its registered office in England and Wales (or Wales) or Scotland.
(5) Where two or more parts of a protected cell company are or have been insolvent, then sections 6 to 7A and 8ZA to 8ZC apply in relation to each part separately.
(6) A contribution to the assets of a protected cell company given in accordance with a compensation order under section 15A(1) or a compensation undertaking under section 15A(2) is to be held by the protected cell company on behalf of the part of the protected cell company specified in the order or undertaking.
22I Power to amend application of Act in relation to relevant entities
(1) The Secretary of State may by regulations amend this Act for the purpose of applying, or modifying the application of, any of its provisions in relation to relevant entities.
(2) For that purpose, the regulations may in particular—
(a) extend the company disqualification conditions to include corresponding conditions relating to a relevant entity;
(b) limit the company disqualification conditions to remove conditions relating to a relevant entity;
(c) modify which company disqualification conditions can, in combination with each other, result in a person being disqualified under this Act;
(d) provide for any of the company disqualification conditions to result in or contribute to a person being disqualified from acting in a role or doing something in relation to a relevant entity.
(3) In this section “the company disqualification conditions” means the conditions that can result in or contribute to a person being disqualified under this Act from acting in a role or doing something in relation to any entity.
(4) In this section a “relevant entity” means—
(a) a limited partnership registered under the Limited Partnerships Act 1907;
(b) a limited liability partnership registered under the Limited Liability Partnerships Act 2000;
(c) a partnership, other than a limited partnership, that is—
(i) constituted under the law of Scotland, and
(ii) a qualifying partnership within the meaning given by regulation 3 of the Partnerships (Accounts) Regulations 2008.
(5) Regulations under this section may make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(6) The provision which may be made by virtue of subsection (5)(a) includes provision amending provision made by or under either of the following, whenever passed or made—
(a) an Act;
(b) Northern Ireland legislation.
(7) Regulations under this section are to be made by statutory instrument.
(8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) The transitional provisions and savings in Schedule 3 to this Act have effect, and are without prejudice to anything in the Interpretation Act 1978 with regard to the effect of repeals.
(2) The enactments specified in the second column of Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
(1) This Act extends to England and Wales and to Scotland.
(2) Subsections (1) to (2A) of section 11 also extend to Northern Ireland.
(3) For provision extending this Act (other than sections 13 to 15) to Northern Ireland so far as relating to applications and orders made, and undertakings accepted, under section 8ZF or 8ZG, see paragraph 4 of Schedule 13 to the Finance Act 2024.
SCHEDULE 1 Determining unfitness etc: matters to be taken into account
Section 12C
Matters to be taken into account in all cases
1 The extent to which the person was responsible for the causes of any material contravention by a company or overseas company of any applicable legislative or other requirement.
2 Where applicable, the extent to which the person was responsible for the causes of a company or overseas company becoming insolvent.
3 The frequency of conduct of the person which falls within paragraph 1 or 2.
4 The nature and extent of any loss or harm caused, or any potential loss or harm which could have been caused, by the person's conduct in relation to a company or overseas company.
Additional matters to be taken into account where person is or has been a director
5 Any misfeasance or breach of any fiduciary duty by the director in relation to a company or overseas company.
6 Any material breach of any legislative or other obligation of the director which applies as a result of being a director of a company or overseas company.
7 The frequency of conduct of the director which falls within paragraph 5 or 6.
Interpretation
8 Subsections (1A) to (2A) of section 6 apply for the purposes of this Schedule as they apply for the purposes of that section.
9 In this Schedule “director” includes a shadow director.
SCHEDULE 2 Savings from Companies Act 1981 ss. 93, 94, and Insolvency Act 1985 Schedule 9
Section 19.
1 Sections 2 and 4(1)(b) do not apply in relation to anything done before 15th June 1982 by a person in his capacity as liquidator of a company or as receiver or manager of a company’s property.
2 Subject to paragraph 1—
(a) section 2 applies in a case where a person is convicted on indictment of an offence which he committed (and, in the case of a continuing offence, has ceased to commit) before 15th June 1982; but in such a case a disqualification order under that section shall not be made for a period in excess of 5 years;
(b) that section does not apply in a case where a person is convicted summarily—
(i) in England and Wales, if he had consented so to be tried before that date, or
(ii) in Scotland, if the summary proceedings commenced before that date.
3 Subject to paragraph 1, section 4 applies in relation to an offence committed or other thing done before 15th June 1982; but a disqualification order made on the grounds of such an offence or other thing done shall not be made for a period in excess of 5 years.
4 The powers of a court under section 5 are not exercisable in a case where a person is convicted of an offence which he committed (and, in the case of a continuing offence, had ceased to commit) before 15th June 1982.
5 For purposes of section 3(1) and section 5, no account is to be taken of any offence which was committed, or any default order which was made, before 1st June 1977.
6 An order made under section 28 of the Companies Act 1976 has effect as if made under section 3 of this Act; and an application made before 15th June 1982 for such an order is to be treated as an application for an order under the section last mentioned.
7 Where—
(a) an application is made for a disqualification order under section 6 of this Act by virtue of paragraph (a) of subsection (2) of that section, and
(b) the company in question went into liquidation before 28th April 1986 (the coming into force of the provision replaced by section 6),
the court shall not make an order under that section unless it could have made a disqualification order under section 300 of the Companies Act 1985 as it had effect immediately before the date specified in sub-paragraph (b) above.
8 An application shall not be made under section 8 of this Act in relation to a report made or information or documents obtained before 28th April 1986.
Section 23(1).
1 In this Schedule, “the former enactments” means so much of the Companies Act 1985, and so much of the Insolvency Act 1986, as is repealed and replaced by this Act; and “the appointed day” means the day on which this Act comes into force.
2 So far as anything done or treated as done under or for the purposes of any provision of the former enactments could have been done under or for the purposes of the corresponding provision of this Act, it is not invalidated by the repeal of that provision but has effect as if done under or for the purposes of the corresponding provision; and any order, regulation, rule or other instrument made or having effect under any provision of the former enactments shall, insofar as its effect is preserved by this paragraph, be treated for all purposes as made and having effect under the corresponding provision.
3 Where any period of time specified in a provision of the former enactments is current immediately before the appointed day, this Act has effect as if the corresponding provision had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current is deemed for the purposes of this Act—
(a) to run from the date or event from which it was running immediately before the appointed day, and
(b) to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been passed;
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Act as they were or would have been under the former enactments.
4 Where in any provision of this Act there is a reference to another such provision, and the first-mentioned provision operates, or is capable of operating, in relation to things done or omitted, or events occurring or not occurring, in the past (including in particular past acts of compliance with any enactment, failures of compliance, contraventions, offences and convictions of offences) the reference to the other provision is to be read as including a reference to the corresponding provision of the former enactments.
5 Offences committed before the appointed day under any provision of the former enactments may, notwithstanding any repeal by this Act, be prosecuted and punished after that day as if this Act had not passed.
6 A reference in any enactment, instrument or document (whether express or implied, and in whatever phraseology) to a provision of the former enactments (including the corresponding provision of any yet earlier enactment) is to be read, where necessary to retain for the enactment, instrument or document the same force and effect as it would have had but for the passing of this Act, as, or as including, a reference to the corresponding provision by which it is replaced in this Act.
Section 23(2).
Chapter | Short title | Extent of repeal
1985 c. 6. | The Companies Act 1985. | Sections 295 to 299.
Section 301.
Section 302.
Schedule 12.
In Schedule 24, the entries relating to sections 295(7) and 302(1).
1985 c. 65. | The Insolvency Act 1985. | Sections 12 to 14.
Section 16.
Section 18.
Section 108(2).
Schedule 2.
In Schedule 6, paragraphs 1, 2, 7 and 14.
In Schedule 9, paragraphs 2 and 3.