HC Deb 20 October 1981 vol 10 cc240-1
Mr. Eyre

I beg to move amendment No. 102, in page 98, line 32, after 'the', insert 'promotion, formation or'.

Mr. Deputy Speaker

With this, it will be convenient to take Government amendments Nos. 103 to 107, 141, 152, 163, 164, and 165.

Mr. Eyre

These amendments will make further small improvements to those parts of the Companies Acts which provide for the disqualification of directors from taking part in the management of companies.

Amendment agreed to.

Amendments made: No. 103, in page 99, line 10, at end insert— 'Subject to subsection (1C) of this section, subsection (1)(c) of this section shall apply in relation to any offence committed or other thing done before the date on which section 87 of the Companies Act 1981 came into force but a disqualification order made on the grounds of such offence or other thing done shall not be made for any period in excess of five years.'.

No. 104, in page 100, line 5, leave out 'and' and insert— '() in relation to the granting of leave to promote or form a company, means any court with any jurisdiction to wind up companies; and'.

No. 105, in page 100, line 17, leave out 'lay' and insert 'deliver'.

No. 106, in page 101, leave out lines 11 to 14 and insert— '(2) The following subsection shall be substituted for subsection (4) of section 188—' (4) An application to a court with jurisdiction to wind up companies for the making of a disqualification order against any person may be made by the Secretary of State or the official receiver or by the liquidator or any past or present member or creditor of any company in relation to which that person has committed or is alleged to have committed an offence or other default; and on the hearing of any such application made by the Secretary of State or the official receiver or the liquidator or of any application for leave made by a person against whom a disqualification order has been made on the application of the Secretary of State, official receiver or liquidator, the Secretary of State, official receiver or liquidator 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.

No. 107, in page 101, line 27, leave out from 'made' to end of line 29 and insert— 'under section 28 shall have effect as if made under section 188 of the 1948 Act and any application made before the appointed day for such an order shall be treated as an application for an order under section 188.'.—[Mr. Brooke.]

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