Section 6(1) of the CDDA 1986 states:
The Court shall make a disqualification order against a person in any case where, on an application under this section, it is satisfied:
- that he is or has been a director of a company which has at any time become insolvent (whether while he was a director or subsequently), and
- that his conduct as a director of that company (either taken alone or taken together with his conduct as a director of any other company or companies) makes him unfit to be concerned in the management of a company.
Disqualification claims brought under Section 6 of the CDDA 1986 are usually specifically by reference to matters of fitness as set out in Parts 1 and 2 of Schedule 1 to the CDDA 1986. However, the Secretary of State may bring a disqualification claim on the basis of matters of unfitness not referred to in these schedules.