§ Mr. Austin MitchellTo ask the President of the Board of Trade how many directors were successfully 407W prosecuted by the Insolvency Service, indicating the relevant Act of Parliament and the section number, in 1991, 1992, 1993 and 1994. [32603]
408W
Relevant statute 1992 1993 1994 Number of directors prosecuted (total for the year) 116 81 65 Nature of offence Company Directors Disqualification Act 1986 Undischarged bankrupt acting in the management of a company Section 11 29 25 23 Persons acting in management of company whilst disqualified Section 13 7 5 9 Insolvency Act 1986 Fraud in anticipation of winding up Section 206 6 1 1 Transaction in fraud of creditors Section 207 — 1 1 Misconduct in course of winding up Section 208 2 1 2 Material omission Section 210 2 2 — False representation Section 211 2 — — Use of prohibited company name Section 216 5 4 — Failure to cooperate Section 235 — — 2 Non-disclosure Section 353 1 — — Concealment of property and failure to account Section 354 — 1 — False statements Section 356 — — 1 Undischarged bankrupt obtaining credit and trading under a false name Section 360 6 3 — Failure to keep proper accounting records Section 361 2 1 1 Companies Act 1948 Undischarged bankrupt taking part in management of company Section 187 2 — — Companies Act 1985 Failure to deliver return of allotments Section 88 — — 1 Public limited company carrying on business without a trading certificate Section 177 — — 1 Failure to keep or maintain accounting records of a company Section 223 91 51 28 Persons acting in management of company whilst disqualified Section 295 — 3 — Undischarged bankrupt taking part in management of company Section 302 3 — — Fraudulent trading by a company Section 458 17 24 22 Theft Act 1968 Theft of property Section 1 7 7 4 Obtaining property by deception Section 15 13 7 8 Obtaining pecuniary advantage by deception Section 16 — 1 — False accounting Section 17 — 4 — Obtaining a valuable security by deception Section 20 45 — 1 Theft Act 1978 Evasion of liability/obtaining services Section 1 1 — — Section 2 1 3 3 Section 20 2 — — Perjury Act 1911 False statement by a witness Section 1 — — 1 Making untrue statements Section 5 1 1 3 Forgery and Counterfeiting Act 1981 Forgery Section 2 1 — — Forgery Section 3 — — 3 Financial Services Act 1986 Illegal investment business Section 4 — — 1 Accessories and Abettors Act 1861 Aiding and abetting Section 8 8 6 5 Criminal Attempts Act 1981 Attempted criminal act Section 1 1 — — Criminal Law Act 1977 Conspiracy Section 1 4 6 — Conspiracy to Defraud — — 8
§ Mr. Jonathan EvansThe number of directors successfully prosecuted by the Insolvency Service in the last three and details of the offences concerned are as follows:
409WInformation for the previous year could be obtained only at disproportionate cost.
§ Mr. Austin MitchellTo ask the President of the Board of Trade how many bankrupts were successfully prosecuted for offences under the Insolvency Act 1986 in 1994, identifying the relevant section, by the Insolvency Service. [32587]
§ Mr. EvansIn 1994 a total of 66 bankrupts were successfully prosecuted by the Insolvency Service for 128 offences under the Insolvency Act 1986 as a result of the Official Receiver's report. Details of the offences are as follows:
Nature of offence Insolvency Act 1986 relevant section Number of convictions Misconduct in course of winding up 208 1 Material omission 210 2 False representations 211 1 Non-disclosure 353 4 Concealment of property and failure to account 354 13 Concealment of books and papers; falsification 355 2 Material omission and false statements 356 10 Fraudulent disposal of property 357 2 Undischarged bankrupt obtaining credit and trading under a false name 360 65 Failure to keep proper accounting records 361 18 Gambling 362 10 Total 128