Companies Act 2014

854

Regulations for the purposes of sections 850 to 853

854. (1) The Minister shall make regulations requiring—

(a) that a document, in a form specified in the regulations, to be known as—

(i) in the case of sections 850 and 851, a “disqualification acceptance document”; and

(ii) in the case of sections 852 and 853, a “restriction acceptance document”;

(being the document by which the person to whom a notice delivered under section 850(2) or 852(2), as the case may be, relates signifies in writing (if such be the person’s decision) the person’s voluntary submission to disqualification or restriction, as appropriate, in accordance with this Chapter) shall be returned by the person within the relevant notice period to the F501[Authority]; and

(b) that, on receipt of that document, the F501[Authority] shall execute, or cause to be executed, on his or her part the document by the affixing of his or her seal to it.

(2) Regulations under subsection (1) may contain such consequential and supplemental provisions for the purposes of those regulations or for the purpose of giving further effect to sections 850 to 853 as the Minister thinks expedient, including—

(a) provision for particular procedures to be employed by the F501[Authority in relation to the delivery of a notice under section 850(2) or 852(2) or any communication between the Authority] and the person concerned or his or her duly authorised agent consequent on the delivery of such a notice (a “post-delivery-of notice communication”), and

(b) provision for a like privilege to legal professional privilege to attach to a post-delivery-of notice communication.

(3) This section is in addition to the powers under section 12(1) to prescribe anything referred to in sections 850 to 853 as prescribed or to be prescribed.

Annotations

Amendments:

F501

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 252-254, S.I. No. 335 of 2022.

Editorial Notes:

E130

Power pursuant to section exercised (9.12.2022) by Companies Act 2014 (Disqualification and Restriction Undertakings) Regulations 2022 (S.I. No. 646 of 2022), in effect as per reg. 2.

E131

Previous affecting provision: power pursuant to section exercised (1.06.2015) by Companies Act 2014 (Disqualification and Restriction Undertakings) Regulations 2015 (S.I. No. 222 of 2015), in effect as per reg. 2; revoked (9.12.2022) by Companies Act 2014 (Disqualification and Restriction Undertakings) Regulations 2022 (S.I. No. 646 of 2022), reg. 4, in effect as per reg. 2.