House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

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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