Suspended jail term for banned building boss
A FORMER building company boss has landed a suspended jail sentence and a community service order for breaching a director disqualification order.
Anthony Harold Rodgers, 56, was sentenced to a four months suspended prison sentence at Stockport Magistrates Court for acting as a director of Prime Builders, which traded at Marcliffe Industrial Estate , Hazel Grove,
while serving a three-and-a-half year disqualification.
Mr Rodgers’s sentence was suspended for 12 months and he received 150 hours community service.
The sentence follows an initial investigation by the Insolvency Service and a full criminal investigation and prosecution by the Department for Business Innovation and Skills.
In civil proceedings, Mr Rodgers gave an undertaking (which has the effect of a court order) to the Secretary of State for Business Innovation and Skills not to act as a director or in the management of a limited company for 12 years.
His wife Karen Rodgers, 54, the recorded director of Prime, also gave an undertaking not to act as a director for seven years, for allowing him to act as a director while banned and for failing to pay tax. Both undertakings took effect from July 31.
The investigation showed that between at least June 2009 and March 2011 Mr Rodgers acted as a director while disqualified, in contravention of section 13 of the Company Directors Disqualification Act 1986 and Mrs Rodgers allowed him to do so.
Mr Rodgers had previously been disqualified for three-and-a-half years in 2008.
In addition the pair failed to ensure that Prime failed to meet PAYE and VAT requirements. When liquidated in March 2011 the firm owed
HMRC of at least £67,624 for PAYE/NIC and £48,808 for VAT.
As he acted while disqualified, the protection of limited liability for the debts of Prime Builders Limited has been invalidated and Mr Rodgers may be personally liable for these debts.
Vicky Bagnall, director of investigations at the Insolvency Service, said:
“Company directors should be under no illusion that it is a criminal offence for persons to act while disqualified or for someone to assist or allow them to do so. They should be in no doubt that the Insolvency Service will investigate and the Department for Business, Innovation and Skills will prosecute those that choose to ignore or flout this.”
