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LEGISLATION |
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A draft Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2007 has been published. The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (SI 1987/2023) set out the rules for various procedural matters to do with applying for a disqualification order, such as the form of the application, service, evidence and the hearing. Currently they only apply to applications for disqualification orders, so the amendment Rules will extend their remit to these other applications under the CDDA 1986: 1. for leave to commence proceedings after the time limit has expired (¶3047/mp); 2. to enforce the duty of a liquidator, administrator or administrative receiver of the company to provide information regarding the director’s conduct (¶8166, ¶8856, ¶9377); 3. for a disqualification order by the secretary of state or official receiver on the ground of unfitness, by the secretary of state following the investigation of a company, or by the OFT or another regulator on the ground of a breach of competition law; 4. for variation of a disqualification undertaking (¶3072); and 5. for leave to act as a director (¶3074+). The amendments also clarify that applications should be in the form of a Part 8 claim form or by application notice if a relevant CPR practice direction allows, except in the case of the applications at number 2 above, which should be made under the Insolvency Rules. The Rules other than the one setting out the form of the application will only apply to applications at number 3 above. These amendments are due to come into force on 6 August 2007, so will apply to applications made on or after that date. |
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Procedural rules for directors’ disqualification applications See CLM: ¶3049 |