Page:Company Directors Disqualification Act 1986.pdf/8

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6c. 46
Company Directors Disqualification Act 1986

(3) If it appears to the office-holder responsible under this section, that is to say—

(a) in the case of a company which is being wound up by the court in England and Wales, the official receiver,
(b) in the case of a company which is being wound up otherwise, the liquidator,
(c) in the case of a company in relation to which an administration order is in force, the administrator, or
(d) in the case of a company of which there is an administrative receiver, that receiver,

that the conditions mentioned in section 6(1) are satisfied as respects a person who is or has been a director of that company, the office-holder shall forthwith report the matter to the Secretary of State.

(4) The Secretary of State or the official receiver may require the liquidator, administrator or administrative receiver of a company, or the former liquidator, administrator or administrative receiver of a company—

(a) to furnish him with such information with respect to any person’s conduct as a director of the company, and
(b) to produce and permit inspection of such books, papers and other records relevant to that person’s conduct as such a director,

as the Secretary of State or the official receiver may reasonably require for the purpose of determining whether to exercise, or of exercising, any function of his under this section.

Disqualification after investigation of company. 8.—(1) If it appears to the Secretary of State from a report made by inspectors under section 437 of the Companies Act, or from information or documents obtained under section 447 or 448 of that Act, that it is expedient in the public interest that a disqualification order should be made against any person who is or has been a director or shadow director of any company, he may apply to the court for such an order to be made against that person.

(2) The court may make a disqualification order against a person where, on an application under this section, it is satisfied that his conduct in relation to the company makes him unfit to be concerned in the management of a company.

(3) In this section “the court” means the High Court or, in Scotland, the Court of Session.

(4) The maximum period of disqualification under this section is 15 years.