§ [No.45.]
§ After Clause 21 insert the following new clause:
§ Register of disqualification orders.
§ .—(1) The prescribed officer of any court which—
- (a) makes an order, after the coming into operation of this section, that a person shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of a company for such period as may be specified in the order, or
- (b) grants leave in relation to any such order which is so made,
§ This subsection applies whether the order is made under section 188 of the Act of 1948, section 9 of the Insolvency Act 1976 or section 21 above.
§ (2) The Secretary of State shall, from the particulars with which he is furnished under subsection (1) above, maintain a register of such orders and of cases in which the court has granted leave.
§ (3) On the expiration of an order of which particulars are entered on the register, the Secretary of State shall delete from the register— 839
- (a)those particulars, and
- (b) any particulars of cases in which the court has granted leave in relation to that order.
§ (4) The register shall be open to inspection on payment of such fee as may be specified by the Secretary of State in regulations made by statutory instrument.
§ (5) A statutory instrument containing regulations made under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ 11.10 p.m.
§ Lord WINTERBOTTOMMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 45. Again, this is a matter of substance. This new clause provides for the keeping of a public register containing details of persons disqualified under Clause 21 of the Bill, Clause 9 of the Insolvency Bill or Section 188 of the 1948 Act. It will clearly be useful to those having dealings with companies to have available a public register of those who are disqualified by the courts from being a director or from taking part in the management of a company, and showing whether a court has granted leave to any such persons to undertake any particular post despite their disqualification.
More specifically, the new clause provides that a court making a disqualification order, or granting leave, shall notify the Secretary of State of the particulars of the order or the grant of leave. The Secretary of State shall maintain a register containing the information so notified by the courts, and shall delete the relevant entries when orders have expired. The register will be open to public inspection, for which a fee will be charged. I think your Lordships will agree that this is a useful safeguard. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—[Lord Winterbottom.]