Made | 7th June 2005 | ||
Coming into operation in accordance with Article 1(2) and (3) |
1. | Title and commencement |
2. | Interpretation |
3. | Disqualification of company directors for breaches of competition law |
4. | Supplementary |
(5) For the purpose of deciding under paragraph (3) whether a person is unfit to be concerned in the management of a company the High Court—
(6) This paragraph applies to a person if as a director of the company—
(7) For the purposes of paragraph (6)(a) it is immaterial whether the person knew that the conduct of the undertaking constituted the breach.
(8) For the purposes of paragraph (4)(a) or (c) references to the conduct of an undertaking are references to its conduct taken with the conduct of one or more other undertakings.
(9) The maximum period of disqualification under this Article is 15 years.
(10) An application under this Article for a disqualification order may be made by the OFT or by a specified regulator.
(11) Section 60 of the Competition Act 1998 (c. 41) (consistent treatment of questions arising under United Kingdom and Community law) applies in relation to any question arising by virtue of paragraph (4)(a) or (b) as it applies in relation to any question arising under Part 1 of that Act.
Competition undertakings
13B.
—(1) This Article applies if—
(4) But a disqualification undertaking may provide that a prohibition falling within paragraph (3)(a) to (c) does not apply if the person obtains the leave of the High Court.
(5) The maximum period which may be specified in a disqualification undertaking is 15 years.
(6) If a disqualification undertaking is accepted from a person who is already subject to a disqualification undertaking under this Order or to a disqualification order the periods specified in those undertakings or the undertaking and the order (as the case may be) run concurrently.
(7) Paragraphs (4) to (8) of Article 13A apply for the purposes of this Article as they apply for the purposes of that Article but in the application of paragraph (5) of that Article the reference to the High Court shall be construed as a reference to the OFT or a specified regulator (as the case may be).
Competition investigations
13C.
—(1) If the OFT or a specified regulator has reasonable grounds for suspecting that a breach of competition law has occurred it may carry out an investigation for the purpose of deciding whether to make an application under Article 13A for a disqualification order.
(2) For the purposes of such an investigation sections 26 to 30 of the Competition Act 1998 (c. 41) apply to the OFT and the specified regulators as they apply to the OFT for the purposes of an investigation under section 25 of that Act.
(3) Paragraph (4) applies if as a result of an investigation under this Article the OFT or a specified regulator proposes to apply under Article 13A for a disqualification order.
(4) Before making the application the OFT or regulator (as the case may be) shall—
Co-ordination
13D.
—(1) The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under Articles 13A to 13C (relevant functions) which are exercisable concurrently by two or more persons.
(2) Section 54(5) to (7) of the Competition Act 1998 (c. 41) applies to regulations made under this Article as it applies to regulations made under that section and for that purpose in that section—
(3) Regulations made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.
(4) Regulations may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks appropriate.
Interpretation
13E.
—(1) This Article applies for the purposes of Articles 13A to 13D.
(2) Each of the following is a specified regulator for the purposes of a breach of competition law in relation to a matter in respect of which it has a function—
(3) Conduct includes omission.
(4) Director includes shadow director.".
Supplementary
4.
—(1) The Company Directors Disqualification (Northern Ireland) Order 2002 (NI 4) shall be amended as follows.
(2) In Article 2 (interpretation), in paragraph (2)—
A. K. Galloway
Clerk of the Privy Council
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