Small Business, Enterprise and Employment Act 2015—amendments affecting the Company Directors Disqualification Act 1986 [Archived]

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Small Business, Enterprise and Employment Act 2015—amendments affecting the Company Directors Disqualification Act 1986 [Archived]
  • The main changes to the CDDA 1986 by the SBEEA 2015
  • CDDA 1986 changes
  • Section 104—convictions abroad
  • Section 105—persons instructing an unfit director
  • Section 106—determining unfitness and disqualifications: matters to be taken into account
  • Section 107—reports of office-holders on conduct of directors of insolvent companies
  • Section 108—unfit directors of insolvent companies: extension of period for applying for disqualification order
  • Section 109—directors: removal of restriction on application for disqualification order
  • Section 110—compensation orders and undertakings
  • More...

Small Business, Enterprise and Employment Act 2015—amendments affecting the Company Directors Disqualification Act 1986 [Archived]

The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and introduced a series of amendments and legislative clarifications intended to ensure that the UK continues to be recognised globally as a trusted and fair place to do business and open up new opportunities for small businesses to innovate and compete. This has brought in a number of changes to companies and insolvency legislation.

In this Practice Note, we consider those provisions that concern directors’ disqualification, and the way in which the SBEEA 2015 affects the Company Directors Disqualification Act 1986 (CDDA 1986) specifically. The provisions affecting the CDDA 1986 are set out at SBEEA 2015, ss 104–111 (note: we do not comment on SBEEA 2015, ss 112–116, which detail the position in Scotland and Northern Ireland).

With regard to the commencement of these provisions, in accordance with SBEEA 2015, s 164(1), they will come into force 'on such day as a Minister of the Crown may by regulations appoint'. See below for details of implementation.

The SBEEA 2015 is accompanied by Explanatory Notes (prepared by the Department for Business, Innovation and Skills (now the Department for Business, Energy & Industrial Strategy), in conjunction with HM Treasury, HMRC, UK Export Finance, the Cabinet Office, the Department

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