Page:Organised Crime Act 2015.pdf/48

Rh :(b) any other restriction however imposed (other than a restriction imposed under any written law) on making the disclosure concerned. PART 6 DISQUALIFICATION ORDERS Disqualification to act as director on conviction of certain offences

39.—(1) Without prejudice to section 154 of the Companies Act (Cap. 50), where a person—
 * (a) is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
 * (b) contravenes an OCPO or FRO, which was made upon the conviction for any offence,

the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed.

(2) A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part XI of the Companies Act applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company.

(3) Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person's release from prison.

(4) Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for such shorter period as the court may specify in the disqualification order.

(5) A person who acts in contravention of a disqualification order made under subsection (1) shall be guilty of an offence and shall be