Session 2014 - 15
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Notices of Amendments:                               

97

 

, continued

 
 

Matthew Hancock

 

Jo Swinson

 

NC6

 

To move the following Clause—

 

“Shadow directors: provision for Northern Ireland

 

(1)    

In Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I.

 

1989/2405 (N.I. 19)) (interpretation), in the definition of “shadow

 

director”, for the words from “(but” to the end substitute “, but so that a

 

person is not deemed a shadow director by reason only that the directors

 

act—

 

(a)    

on advice given by that person in a professional capacity;

 

(b)    

in accordance with instructions, a direction, guidance or advice

 

given by that person in the exercise of a function conferred by or

 

under a statutory provision;

 

(c)    

in accordance with guidance or advice given by that person in

 

that person’s capacity as a Minister of the Crown (within the

 

meaning of the Ministers of the Crown Act 1975)”.

 

(2)    

In Article 2(2) of the Company Directors Disqualification (Northern

 

Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) (interpretation), in the

 

definition of “shadow director”, for the words from “(but” to the end

 

substitute “, but so that a person is not deemed a shadow director by

 

reason only that the directors act—

 

(a)    

on advice given by that person in a professional capacity;

 

(b)    

in accordance with instructions, a direction, guidance or advice

 

given by that person in the exercise of a function conferred by or

 

under a statutory provision;

 

(c)    

in accordance with guidance or advice given by that person in

 

that person’s capacity as a Minister of the Crown (within the

 

meaning of the Ministers of the Crown Act 1975)”.”

 

Member’s explanatory statement

 

The new clause replicates in the relevant Northern Ireland legislation the changes made by

 

amendment 146 to the definition of “shadow director” in the Insolvency Act 1986 and the

 

Company Directors Disqualification Act 1986.

 


 
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