To ask the Minister of State, Department for Business, Enterprise and Regulatory Reform what guidance his Department provides to the Insolvency Service on procedures to be followed when people who are subject to a disqualification order or undertaking apply for permission to act as a director or take part in the management of a specific company. (277313)

No guidance is provided by BERR to the Insolvency Service on the procedures that need to be followed. Such procedures are largely determined by the courts, the legislation and the Civil Procedures Rules. The Insolvency Service has developed its approach to such applications by referral to prior case judgments and to legal advice.

To assist applicants, the Insolvency Service provides a guidance sheet (approved by Treasury Solicitors) to potential applicants which includes details of the information which my noble Friend the Secretary of State considers should normally be included in an applicant's evidence.

To ask the Minister of State, Department for Business, Enterprise and Regulatory Reform how many people who are subject to a disqualification order or undertaking have (a) applied for and (b) been successful in an application to act as a director or take part in the management of a specific company in each month since January 1997. (277314)

From 1 April 2006 the known figures for applications are:

To ask the Minister of State, Department for Business, Enterprise and Regulatory Reform what procedures his Department has in place to monitor applications from people who are subject to a disqualification order or undertaking for permission to act as a director or take part in the management of a company. (277315)

All such applications must be served on my noble Friend the Secretary of State, as he has a duty to appear on such applications and to call the attention of the court to any matters which seem to be relevant, and may give evidence or call witnesses. Most such applications are dealt with by the Defendant Liaison Team of the Insolvency Service which provides a guidance sheet (approved by Treasury Solicitors) to potential applicants which includes details of the information which my noble Friend the Secretary of State considers should normally be included in an applicant’s evidence. Applicants should support their application to the court with full and particularised affidavit evidence which is supported by appropriate exhibits, and serve such evidence on my noble Friend the Secretary of State in sufficient time so as to give him a proper opportunity to consider it fully before the hearing of the application.

The stance taken by my noble Friend the Secretary of State on each application, including whether to file evidence and/or oppose the application, can only be decided having regard to the facts and circumstances of each individual case.