Thursday, 5 December 2013

What are the statutory provisions dealing with reducing a period of disqualification?

This aspect of the director disqualification regime is governed by section 8A of the Company Director Disqualification Act 1986. 

Section 8A states:-

1. The Court may, on application of a person who is subject to a Disqualification Undertaking- 

(a) reduce the period for which the Undertaking is to be in force, or 

(b) provide for it to cease to be in force. 

2. On the hearing of an application under sub-section (1), the Secretary of State shall appear and call the attention of the Court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses. 

It is important to understand therefore that Section 8A can only be used by people who have been disqualified by having given a voluntary undertaking.