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Article 39 Disqualification after investigation of company
In section 8 of the Company Directors Disqualification Act 1986 (disqualification after company investigation) [Amended by the Financial Services Act 1986 (s. 60), section 198; the Criminal Justice (Scotland) Act 1987 (c.), section 55; the Companies Act 1989 (c. 40), section 79; the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.), Schedule 4, paragraph 62.], for subsection (1) substitute -
"(1) If it appears to the Secretary of State from investigative material that it is expedient in the public interest that a disqualification order should be made against a person who is, or has been, a director or shadow director of a company, he may apply to the court for such an order.
(1A) "Investigative material" means -
(a) a report made by inspectors under -
(i) section 437 of the Companies Act 1985;
(ii) section 167, 168, 169 or 284 of the Financial Services and Markets Act 2000; or
(iii) where the company is an open-ended investment company (within the meaning of that Act) regulations made as a result of section 262(2) (k) of that Act; and
(b) information or documents obtained under -
(i) section 447 or 448 of the Companies Act 1985;
(ii) section 2 of the Criminal Justice Act 1987;
(iii) section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995;