qualification order there is specified the maximum (and, in section 6, the minimum) period of disqualification which may or (as the case may be) must be imposed by means of the order.
(3) Where a disqualification order is made against a person who is already subject to such an order, the periods specified in those orders shall run concurrently.
(4) A disqualification order may be made on grounds which are or include matters other than criminal convictions, notwithstanding that the person in respect of whom it is to be made may be criminally liable in respect of those matters.
Disqualification for general misconduct in connection with companies
Disqualification on conviction of indictable offence. 2.—(1) The court may make a disqualification order against a person where he is convicted of an indictable offence (whether on indictment or summarily) in connection with the promotion, formation, management or liquidation of a company, or with the receivership or management of a company’s property.
(2) The court for this purpose means—
- (a) any court having jurisdiction to wind up the company in relation to which the offence was committed, or
- (b) the court by or before which the person is convicted of the offence, or
- (c) in the case of a summary conviction in England and Wales, any other magistrates’ court acting for the same petty sessions area;
and for the purposes of this section the definition of “indictable offence” in Schedule 1 to the 1978 c. 30.Interpretation Act 1978 applies for Scotland as it does for England and Wales.
(3) The maximum period of disqualification under this section is—
- (a) where the disqualification order is made by a court of summary jurisdiction, 5 years, and
- (b) in any other case, 15 years.
Disqualification for persistent breaches of companies legislation. 3.—(1) The court may make a disqualification order against a person where it appears to it that he has been persistently in default in relation to provisions of the companies legislation requiring any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar of companies.
(2) On an application to the court for an order to be made under this section, the fact that a person has been persistently in default in relation to such provisions as are mentioned above may