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| To move the following Clause— |
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| | “Shadow directors: provision for Northern Ireland |
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| | (1) | In Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. |
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| | 1989/2405 (N.I. 19)) (interpretation), in the definition of “shadow |
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| | director”, for the words from “(but” to the end substitute “, but so that a |
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| | person is not deemed a shadow director by reason only that the directors |
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| | (a) | on advice given by that person in a professional capacity; |
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| | (b) | in accordance with instructions, a direction, guidance or advice |
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| | given by that person in the exercise of a function conferred by or |
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| | under a statutory provision; |
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| | (c) | in accordance with guidance or advice given by that person in |
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| | that person’s capacity as a Minister of the Crown (within the |
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| | meaning of the Ministers of the Crown Act 1975)”. |
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| | (2) | In Article 2(2) of the Company Directors Disqualification (Northern |
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| | Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) (interpretation), in the |
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| | definition of “shadow director”, for the words from “(but” to the end |
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| | substitute “, but so that a person is not deemed a shadow director by |
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| | reason only that the directors act— |
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| | (a) | on advice given by that person in a professional capacity; |
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| | (b) | in accordance with instructions, a direction, guidance or advice |
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| | given by that person in the exercise of a function conferred by or |
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| | under a statutory provision; |
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| | (c) | in accordance with guidance or advice given by that person in |
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| | that person’s capacity as a Minister of the Crown (within the |
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| | meaning of the Ministers of the Crown Act 1975)”.” |
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| | Member’s explanatory statement
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| | The new clause replicates in the relevant Northern Ireland legislation the changes made by |
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| | amendment 146 to the definition of “shadow director” in the Insolvency Act 1986 and the |
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| | Company Directors Disqualification Act 1986. |
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