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British Technology Group Act 1991

Current text a fecha 2008-04-06

Vesting of property etc. of NRDC and NEB in a successor company

Vesting of property etc. of NRDC and NEB in a successor company

1

was entitled or subject immediately before that day shall, subject to section 2 below, become by virtue of this section property, rights and liabilities of a company nominated for the purposes of this section by the Secretary of State; and references in this Act to the appointed day or to the successor company are references to the day so appointed or to the company so nominated respectively.

Extinguishment of NRDC reserve and NEB public dividend capital

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions relating to Government holdings in successor company

Initial Government holding in the successor company

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government investment in securities of the successor company

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions through nominees

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Target investment limit for Government shareholding

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offers for sale of securities etc

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions relating to successor company

Financial structure of successor company

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Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included from time to time in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Corporation or Board had been realised and retained by the company.

Loans by Secretary of State to successor company

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary restrictions on successor company’s borrowings etc

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shall be disregarded.

Dissolution of the Corporation and Board

Dissolution of the Corporation and Board

11

Supplementary provisions

Corporation tax

12

Application of Trustee Investments Act 1961 in relation to investment in the successor company

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders

14

Administrative expenses

15

Any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act shall be paid out of money provided by Parliament.

Interpretation

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Consequential amendments, repeals and transitional provisions

17

and any provision of an order made under this subsection after the appointed day may be made so as to have effect as from that or any later day.

Short title, commencement and extent

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SCHEDULE 1

Preparation for transfer to successor company

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to vesting of property etc.

2

Any agreement made, transaction effected or other thing done by, to or in relation to the Corporation or Board which is in force or effective immediately before the appointed day shall have effect as from that day as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as the Corporation and the Board; and accordingly references to the Corporation or Board—

shall be taken as from the appointed day as referring to the successor company.

3

Where immediately before the appointed day there is in force an agreement which—

the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Corporation or Board in question.

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shall count as employment with, or with that subsidiary of, the successor company.

Disqualification of certain directors of successor company

5

In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices) there shall be inserted at the appropriate place— “ Director of the successor company (within the meaning of the British Technology Group Act 1991) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown; ”and a corresponding amendment shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

SCHEDULE 2

Part I — REPEALS ON APPOINTED DAY

Part II — REPEALS ON DISSOLUTION OF CORPORATION

Part III — REPEALS ON DISSOLUTION OF BOARD

SCHEDULE 3

Constitution of the Corporation and Board

1

During the transitional period section 1(2) of the Development of Inventions Act 1967 (constitution of the Corporation) shall have effect as if for “less than four” there were substituted “ less than three ” and section 1(2) of the Industry Act 1975 (constitution of the Board) shall have effect as if for “not less than eight” there were substituted “ not less than three ”.

Vesting of foreign property etc. in the successor company

2

Application of enactments to certain continuing liabilities

3

Treasury guarantees

4

Sub-paragraphs (2) to (5) of paragraph 4 of Schedule 2 to the Industry Act 1975 (Treasury guarantees) shall continue to apply in relation to any guarantee given by the Treasury under that paragraph with respect to a liability of the Board which becomes a liability of the successor company by virtue of section 1 of this Act, but as if the reference to the Board in sub-paragraph (4) were a reference to the successor company.

Final reports and accounts of the Corporation and the Board

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Accounts of the Secretary of State

6

Notwithstanding the repeal of section 7(6) of the Act of 1967 and paragraph 2(3) of Schedule 2 to the Act of 1975 (accounts of the Secretary of State), those provisions shall continue to apply in relation to—

Payment of dividend by successor company before laying or delivery of accounts

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and, if any direction has been given under section 8(2) of this Act which is relevant to the making of that distribution, shall accordingly have effect subject to that direction.

Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Corporation or Board had been realised and retained by the company.

Extinguishment of NRDC reserve and NEB public dividend capital.

Editorial notes

[^c932846]: Act partly in force at Royal Assent see s. 18(2)-(4)

[^c932848]: S. 1(1): power of appointment conferred by s. 1(1) fully exercised by S.I.1991/2721

[^c932861]: S. 8 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art.2

[^c932865]: S. 10 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932866]: S. 11 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art.2

[^c932870]: S. 12 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932871]: Words in s. 12(2) substituted (6.3.1992 with effect as mentioned in s. 289 of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch. 10, para.25 (with ss. 60, 101(1), 171 and 201(3))

[^c932875]: S. 15 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art.2

[^c932878]: S. 16 partly in force at Royal Assent; s. 16(1) in force see s. 18(3); s. 16 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932879]: 1975 c. 68.

[^c932880]: S. 17 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art.2

[^c932881]: S. 17(2) excluded (with effect as from 6.1.1992) by S.I. 1992/8, arts.3, 4

[^c932882]: Sch. 1 para. 2 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art.2

[^c932883]: Sch. 1 para. 3 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932884]: Sch. 1 para. 4 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932887]: Sch. 1 para. 5 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932888]: 1975 c. 24.

[^c932889]: 1975 c. 25.

[^c932892]: Sch. 2 Part I wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932890]: Sch. 2 partly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932891]: Sch. 2 excluded (with effect as from 6.1.1992) by S.I. 1992/8, arts.3, 4

[^c932896]: Sch. 3 para. 1 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932897]: 1967 c. 32.

[^c932898]: 1975 c. 68.

[^c932899]: Sch. 3 para. 2 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932902]: Sch. 3 para. 3 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932903]: 1967 c. 32.

[^c932904]: 1975 c. 68.

[^c932905]: Sch. 3 para. 4 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932906]: Sch. 3 para. 5 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932907]: Sch. 3 para. 6 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932910]: Sch. 3 para. 7 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^c932911]: 1985 c. 6.

[^c932912]: 1985 c. 6.

[^c932893]: Sch. 3 wholly in force at 6.1.1992 see ss. 1(1), 18(2) and S.I. 1991/2721, art. 2

[^key-f67f88b09456c374fa84e4e3bb9fdeb9]: Ss. 2-7 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-74144c1031f74f820cdd77ae386abe20]: S. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-128253cec1c076b423fa0bcdda0d0895]: S. 1(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-7c2b0e01dabe886e6243fb685ba5d099]: S. 13 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-0527c56221b8946d922ff74f710efb66]: Words in s. 14(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-4e467ebcd8ec59522a8e21c326aaa4c9]: Words in s. 8(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-f4a23e7fcb2d089057e1164ef7775ec3]: S. 8(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-b4db064a519d5dbe6ee2a08586fe0154]: S. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-387450474f08aafb67b185ce4cee59a9]: Sch. 1 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

[^key-20bba1c335a98765cac1c73929085620]: Words in s. 8(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 181(2)(a) (with arts. 6, 11, 12)

[^key-133f6cb65dd3717748e628fc89e66bb2]: Words in s. 8(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 181(2)(b) (with arts. 6, 11, 12)

[^key-a7ca86938cba9294ce3dc380d7c07ede]: Words in s. 8(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 181(2)(c) (with arts. 6, 11, 12)

[^key-125372702bfa96ecf5e76cf31c27cded]: Words in s. 8(7) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 181(3) (with arts. 6, 11, 12)