UK Act of Parliament 2002 Northern Ireland

Company Directors Disqualification (Northern Ireland) Order 2002

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
Insolvency Service
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 12 obligations carry a criminal penalty. 1 carries different penalties and 10 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer2 Any Person2 Trader1

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties
Any Person — also bound by 2684 other Acts
Trader — also bound by 864 other Acts
Companies Act 2006 244 duties
Companies Act 1985 85 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
s.art003 Disqualification orders: general
s.art004 Disqualification undertakings: general
Part 2

Disqualification for general misconduct in connection with companies

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.art005 Disqualification on conviction of offence punishable only on indictment or either on conviction on indictment or on summary conviction
s.art006 Disqualification for persistent default under companies legislation
s.art007 Disqualification for fraud, etc., in winding up
s.art008 Disqualification on summary conviction of offence
s.art008 Disqualification for certain convictions abroad
Part 3

Disqualification for unfitness

2 of 4 sections shown
s.art009 Duty of High Court to disqualify unfit directors ... Regulated
Other duties (1) — Crown / regulator
  • High Court must disqualify unfit directors in insolvency casesTribunal / Court
s.art010 Office-holder's report on conduct of directors Regulated
  • Insolvency office-holder must report on directors' conductDirector or Officer
2 other sections in this Part — procedural and definitional
s.art010 Disqualification orders under Article 9: applications and acceptance of undertakings
s.art011 Disqualification of director on finding of unfitness
Part 4

Further provision about disqualification undertakings

1 of 2 sections shown
s.art012 Variation etc. of disqualification undertaking Regulated
Other duties (1) — Crown / regulator
  • Department must appear at hearings to vary disqualification undertakingsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.art013 Matters for determining unfitness of directors
Part 5

Other cases of disqualification

4 of 6 sections shown
s.art015 Undischarged bankrupts Regulated
  • Act as director while bankrupt without court permissionAny Person
s.art016 Failure to pay under administration order Regulated
  • You must not act as a director or manage a company without court leaveTrader
s.art017 Persons disqualified under the Company Directors Disqualification Act 1986 Regulated
  • Disqualified persons must not be company directors or insolvency practitionersDirector or Officer
s.art017 Determining unfitness etc.: matters to be taken into account Regulated
Other duties (1) — Crown / regulator
  • High Court/Department must consider Schedule 1 before disqualifying a directorTribunal / Court
2 other sections in this Part — procedural and definitional
s.art014 Participation in wrongful trading
s.art015 Designated persons under sanctions legislation
Part 6

Consequences of contravention

1 of 2 sections shown
s.art018 Offences Imprisonment
  • Breach a director disqualification order or undertakingAny Person
1 other section in this Part — procedural and definitional
s.art019 Personal liability for company's debts where person acts while disqualified
Part 7

Supplementary provisions

2 of 3 sections shown
s.art021 Application for leave under an order or undertaking Regulated
Other duties (1) — Crown / regulator
  • Department/CMA must appear at disqualification leave hearings and inform courtCrown / Minister / Government department
s.art022 Register of disqualification orders and undertakings Regulated
Other duties (1) — Crown / regulator
  • Department must maintain register of disqualification orders and undertakingsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.art020 Application for disqualification order
Part 8

Miscellaneous and general

0 of 14 sections shown
14 other sections in this Part — procedural and definitional
s.art023 Admissibility in evidence of statements
s.art023 Legal professional privilege
s.art024 Interaction with the Insolvency (Northern Ireland) Order 1989
s.art024 Bank insolvency
s.art024 Bank administration
s.art024 Building society insolvency and special administration
s.art024 Application of Order to building societies
s.art024 Application of Order to open-ended investment companies
s.art025 Application of Order to incorporated friendly societies
s.art025 Application of Order to registered societies
s.art025 Application of Order to credit unions
s.art025 Application of Order to protected cell companies
s.art025 Power to amend application of Order in relation to relevant entities
s.art026 Transitional provisions, savings, amendments and repeals
Schedules

Schedules

0 of 12 shown
12 other schedules
s.sch001 The extent to which the person was responsible for the causes of any material contravention...
s.sch001 Where applicable, the extent to which the person was responsible for the causes of a...
s.sch001 The frequency of conduct of the person which falls within paragraph 1 or 2.
s.sch001 The nature and extent of any loss or harm caused, or any potential loss or...
s.sch001 Any misfeasance or breach of any fiduciary duty by the director in relation to a...
s.sch001 Any material breach of any legislative or other obligation of the director which applies as...
s.sch001 The frequency of conduct of the director which falls within paragraph 5 or 6.
s.sch001 Paragraphs (1A) to (2A) of Article 9 apply for the purposes of this Schedule as...
s.sch001 In this Schedule “ director ” includes a shadow director.
s.sch002 In this Schedule, “the commencement date” for the purposes of any provision of this Schedule,...
s.sch002 Where any period of time specified in any provision repealed by Article 26(3) and Schedule...
s.sch002 The provision of this Schedule shall have effect without prejudice to sections 28 and 29...
s.art013 Competition disqualification order Regulated
Other duties (1) — Crown / regulator
  • High Court must disqualify unfit directors after company competition breachesTribunal / Court
s.art013 Competition investigations Regulated
Other duties (1) — Crown / regulator
  • CMA/regulators must notify and allow a response before seeking disqualificationStatutory regulator
11 other provisions
s.art011 Order disqualifying person instructing unfit director ...
s.art011 Application for order under Article 11A
s.art011 Disqualification undertaking instead of an order under Article 11A
s.art011 Order disqualifying person instructing unfit director: other cases
s.art011 Disqualification undertaking instead of an order under Article 11D
s.art013 Competition undertakings
s.art013 Co-ordination
s.art013 Interpretation
s.art019 Compensation orders and undertakings
s.art019 Amounts payable under compensation orders and undertakings
s.art019 Variation and revocation of compensation undertakings

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.