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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2001 - onwards
Version 2 of 2

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;