Page:Company Directors Disqualification Act 1986.pdf/17

Sch. 1

8. The extent of the director’s responsibility for the company entering into any transaction or giving any preference, being a transaction or preference—

(a) liable to be set aside under section 127 or sections 238 to 240 of the Insolvency Act, or

(b) challengeable under section 242 or 243 of that Act or under any rule of law in Scotland.

9. The extent of the director’s responsibility for any failure by the directors of the company to comply with section 98 of the Insolvency Act (duty to call creditors’ meeting in creditors’ voluntary winding up).

10. Any failure by the director to comply with any obligation imposed on him by or under any of the following provisions of the Insolvency Act—

(a) section 22 (company’s statement of affairs in administration);

(b) section 47 (statement of affairs to administrative receiver);

(c) section 66 (statement of affairs in Scottish receivership);

(d) section 99 (directors’ duty to attend meeting; statement of affairs in creditors’ voluntary winding up);

(e) section 131 (statement of affairs in winding up by the court);

(f) section 234 (duty of any one with company property to deliver it up):

(g) section 235 (duty to co-operate with liquidator, etc.).

Section 19.

SCHEDULE 2
Savings from Companies Act 1981 ss. 93, 94 and Insolvency Act 1985 Schedule 9

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