The Companies Act 2006 (Consequential Amendments etc) Order 2008

Type Statutory-Instrument
Publication 2008-04-01
Last updated 2021-03-08
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API
153

Article 191 has been amended by the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

154

Article 297 has been amended by S.R. (NI) 2001 No 153.

155

Article 359 has been amended by S.R. (NI) 2004 No 307.

156

Article 388(2) has been amended by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), Schedule 4, paragraph 17(9).

157

Paragraph 2(2)(a) of Schedule 1 has been amended by S.R. (NI) 2001 No 153.

158

Paragraph 7 of Schedule 2 has been amended by the Pension Schemes (Northern Ireland) Act 1993 (c.49) and the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)).

159

Part 2 of Schedule 6 was inserted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)).

160

Paragraph 3 has been amended by S.I. 2001/3649.

161

Schedule 15D was inserted by the Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005 (S.I. 2005/1967 (N.I. 17)), Schedule 2, paragraph 19.

162

Schedule 20C was inserted by S.R. (NI) 1993 No 198, Schedule 1, paragraph 1.

163

Schedule 20D was inserted by S.R. (NI) 1993 No 198, Schedule 2, paragraph 17.

164

Section 33(2) was substituted by the Companies Act 1989 (c.40), Schedule 10, paragraph 39.

165

Section 82(2)(a) was substituted by S.I. 2001/3649, article 76 and amended by S.I. 2005/1433, Schedule 3.

166

This entry has been amended by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), Schedule 2, paragraph 3(b).

167

Sections 68, 69 and 71 have been repealed by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 18, Part 16 from a date to be appointed.

168

Schedule A1 was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/3152 (N.I. 6)), Schedule 1, paragraph 5.

169

Schedule B1 was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), Schedule 1.

172

Article 150A was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), Article 7.

173

Paragraph 2(1A) was inserted by the Broadcasting Act 1996 (c.55), Schedule 2, paragraph 2.

174

Section 69I was inserted by S.I. 2005/2211, article 2.

175

Section 78A was inserted by S.I. 2005/2211, Schedule, paragraph 3.

176

Paragraph 8 was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 72.

177

Schedule 13E was inserted by S.I. 2005/2211, Schedule, paragraph 6.

178

Article 73(6) has been amended by the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), Schedule 3, paragraph 8.

179

Section 10 was substituted by the Charities Act 2006 (c.50), Schedule 8, paragraph 104.

180

Section 10B was inserted by the Charities Act 2006 (c.50), Schedule 8, paragraph 104.

181

Section 43(9) is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 (draft S.I. 9780110808703), article 2.

182

Section 44(1) is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 3.

183

Section 45(5) is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 4.

184

Section 47(3)(c) was substituted by S.I. 1994/1935, Schedule 1, paragraph 7 and is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 5.

185

Section 69(1A) is inserted by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 7.

186

Schedule 5A was inserted by the Charities Act 2006 (c.50), Schedule 6.

187

Paragraph 1(2) is amended by the Charities Act 2006 (c.50) (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 8(2).

188

Paragraph 2 is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 8(3).

189

Paragraph 3(1)(b) is amended by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 8(4).

190

Paragraph 3(6A) is inserted by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 8(6).

191

Paragraph 6(8) is substituted by the Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, article 8(8); paragraph 6(9)(d) is inserted by article 8(10).

192

Sections 94 and 106 have been repealed by the Transport Act 2000 (c.38), Schedule 31, Part 4 from a date to be appointed.

193

Article 57(6) has been amended by the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), Schedule 3, paragraph 9.

194

Section 16A was inserted by the Housing Act 2004 (c.34), Schedule 11, paragraph 18.

195

Section 17(7D) was inserted by S.I. 2001/3649, article 161.

196

Section 17E was inserted by S.I. 2000/1937, Schedule 4, paragraph 4.

197

Sections 5(4)(a) and 9(5) have been amended by S.I. 2004/2947, Schedule 7, paragraphs 14 and 15.

198

Subsection (12) has been amended by regulation 2(3) of, and paragraph 5 of Schedule 3 to, S.I. 2005/1433, and by section 1272 of, and paragraphs 13 and 14(1) and (5) in Part 2 of Schedule 15 to, the Companies Act 2006.

199

Section 15 has been amended by article 15 of S.I. 2005/1967 (N.I. 17) and by section 1272 of, and paragraphs 13 and 15 in Part 2 of Schedule 15 to, the Companies Act 2006.

200

Section 16(2)(c ) has been amended by section 1276(1) and (3) of the Companies Act 2006.

201

Section 34 has been amended by article 6(2) of, and paragraph 4 of Schedule 4 to, S.I. 2007/1093 (C. 49), and by article 10(1) of, and paragraph 104 of Schedule 4 to, S.I. 2007/2194 (C. 84).

202

Section 43 has been amended by article 6(2) of, and paragraph 12 of Schedule 4 to, S.I. 2007/1093 (C. 49), and article 10(3) of, and paragraph 106 of Schedule 4 to, S.I. 2007/2194 (C. 84).

203

The definition of “distributable profits” has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 27(c).

204

Regulation 26(1)(c) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 37(a); regulation 26(3) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 37(b).

205

Regulation 29 has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 38.

206

In Schedules 1, 2 and 3, paragraph 3(5) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraphs 42(d), 43(d) and 44(d) respectively.

207

Section 705 was substituted by the Companies Act 1989 (c.40), Schedule 19, paragraph 14.

208

Article 9B was inserted by the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)), Article 47.

209

Section 68 has been amended by the Welsh Language Act 1993 (c.38), section 33 and Schedule 2.

210

Section 69C was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 1.

211

Section 69D was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 1.

212

Section 73D was inserted by the Charities Act 2006 (c.50), section 38.

213

Section 73E was inserted by the Charities Act 2006 (c.50), section 38.

214

Paragraph 15(2) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 90.

215

Section 80(2) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 94.

216

Section 56(5) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 95.

Saving for accounting definitions

Saving for earlier consequential amendments

Saving for limited liability partnerships

General saving

1.

The repeals in section 232 of and Schedules 6 and 9 to the Companies Act 1985, and Article 240(2) of and Schedules 6 and 9 to the Companies (Northern Ireland) Order 1986, have effect in relation to financial years ending on or after 6th April 2008.

2.

The repeal of section 15 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 extends to Northern Ireland only.

Editorial notes

218

S.I. 2007/3495 (C. 150).

219

1985 c.6; section 36A was inserted by the Companies Act 1989 (c.40), section 130(2) and has been amended by the Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), articles 5, 7(2) and 10 and Schedule 1, paragraphs 9 to 11 and Schedule 2.

221

S.I.1986/1032 (N.I. 6); Article 46A was inserted by the Companies (No. 2) (Northern Ireland) Order (S.I. 1990/1504 (N.I. 10)), Article 65(2).

223

S.R. (NI) 2003 No 5.

227

The regulations in force under the 1990 Order are the Companies (1990 Order) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 (S.R. (NI) 1993 No 67).

229

S.R. (NI) 2004 No 307.

230

The provisions referred to in sub-paragraphs (a) to (jj) and (ll) to (pp) of paragraph 1 have all been substituted or inserted, or had words substituted or inserted, by the Schedule to the Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997). Subsequent footnotes note where those provisions have also been amended by other legislation.

242

1974 c.46; section 36(1) has been repealed in relation to registered friendly societies and registered branches of such societies by the Friendly Societies Act 1992 (c.40), Schedule 16, paragraph 12.

248

1980 c.44; section 111(3) has been repealed in part by the Education (Scotland) Act 1981 (c.58), Schedule 9.

258

1985 c.61; section 22(4) has been substituted by the Legal Services Act 2007 (c.29), Schedule 17, paragraphs 1 and 11(b) with effect from a date to be appointed.

260

1985 c.68; section 51(2) has been repealed in relation to dwellings let on long leases by the Landlord and Tenant Act 1987 (c.31), section 41(2).

264

Section 124B was inserted by the Further and Higher Education Act 1992 (c.13), section 71(1). Section 124B(6) has been amended by the Public Audit (Wales) Act 2004 (c.23), Schedule 2, paragraph 9(1) and (4).

265
269

1990 c.41; Schedule 5 has been repealed by the Legal Services Act 2007 (c.29), Schedule 21, paragraphs 83 and 100(b) with effect from a date to be appointed.

272

1995 c.25; section 46 has been repealed so far as relating to the Scottish Environment Protection Agency by the Public Finance Accountability (Scotland) Act 2000 (asp 1), Schedule 4, paragraph 13(1) and (2).

276

The provisions referred to in paragraph 2 have all been substituted, or had words substituted, by the Schedule to the Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997).

287

Section 42(1)(e) was inserted by the Schedule to the Companies (1990 Order) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 (S.R. (NI) 1993 No 67), paragraph 4.

288

Section 14(6) and (7) were substituted by the Schedule to the Companies 1990 Order (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997), paragraph 33: they have been amended by the Schedule to the Companies (1990 Order) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 (S.R. (NI) 1993 No 67), paragraph 9.

289

Schedule 6 has been repealed by the Legal Services Act 2007 (c.29), Schedule 17, paragraph 32(1) and (17) with effect from a date to be appointed.

293

Section 78A was inserted by the Schedule to the Friendly Societies Act 1992 (International Accounting Standards and Other Accounting Amendments) Order 2005 (S.I. 2005/2211), paragraph 3; Schedule 14 has been amended in respects which are not relevant to this Order.

294

Paragraph 10(2)(b) has been amended by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 83.

295

Section 46 has been repealed so far as relating to the Scottish Environment Protection Agency by the Public Finance Accountability (Scotland) Act 2000 (asp 1), Schedule 4, paragraph 13(1) and (2); subsection (2)(b) has been amended by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 87.

297

Paragraph 8(5)(b) was amended by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 91.

300

Section 43(2) has been amended by the Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093 (C. 49)), Schedule 4, paragraph 12(a).

308

Section 22 has been repealed, except in relation to the Crown Agents Holding and Realisation Board, by the Crown Agents Act 1995, Schedule 2, Part 1; section 22(2) has been amended by the Companies Act 1989 (c.40), Schedule 10, Part 2, paragraph 29.

309

Article 12(1) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 34; Article 12(2) has been amended by the Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9)), Schedule 1.

311

Section 3(5) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 35.

315
331

Part 4 of Schedule 9 was inserted by the Companies Act 1989 (c.40), Schedule 7, Part 4; paragraph 3 has been amended by S.I. 1994/233, regulation 5, S.I. 2002/1555, article 12 and S.I. 2002/555, article 12.

337

Schedule A1 was inserted by the Insolvency Act 2000 (c.39), Schedule 1; paragraph 3(4) and (5) were inserted by S.I. 2002/1990, regulation 3.

338

Schedule B1 was inserted by the Enterprise Act 2002 (c.40), Schedule 16.

340
345

Section 22C was inserted by the Health and Social Care (Community Health and Standards) Act (c.48), Schedule 4, paragraphs 67 and 68.

346

Paragraph 4 has been amended by the Companies Act 1989 (c.40), section 139(4) and Schedule 16, paragraph 4.

347

Paragraph 5 has been amended by the Companies Act 1989(c.40), Schedule 10, paragraph 35.

349
350

The definition of “associated undertaking” was substituted by the Building Societies Act 1997 (c.32), Schedule 7, paragraph 53(1)(b).

351

The definition of “subsidiary undertaking” was inserted by S.I. 1991/1729, article 5.

352

Schedule 10A was inserted by the Schedule to S.I. 2004/3380.

353

Schedule 10B was inserted by the Schedule to S.I. 2004/3380.

354

Paragraph 3 was inserted by S.R. (NI) 2003 No 3.

356

Article 172C was inserted by S.R. (NI) 2004 No 275.

357

Article 172F was inserted by S.R. (NI) 2004 No 275.

358

Article 181(5)(b) has been amended by S.R. (NI) 1997 No 436.

361

Article 297 has been amended by S.R. (NI) 2001 No 153.

362

Article 359 has been amended by S.R. (NI) 2004 No 307.

364

Paragraph 2(2)(a) of Schedule 1 has been amended by S.R. (NI) 2001 No 153.

367

Paragraph 3 has been amended by S.I. 2001/3649.

369

Schedule 20C was inserted by S.R. (NI) 1993 No 198, Schedule 1, paragraph 1.

370

Schedule 20D was inserted by S.R. (NI) 1993 No 198, Schedule 2, paragraph 17.

372
374

Sections 68, 69 and 71 have been repealed by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 18, Part 16 from a date to be appointed.

378

S.R. (NI) 2006 No 22.

381
382

Section 78A was inserted by S.I. 2005/2211, Schedule, paragraph 3.

383

Paragraph 8 was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 72.

384

Schedule 13E was inserted by S.I. 2005/2211, Schedule, paragraph 6.

386

Sections 94 and 106 have been repealed by the Transport Act 2000 (c.38), Schedule 31, Part 4 from a date to be appointed.

391

Sections 5(4)(a) and 9(5) have been amended by S.I. 2004/2947, Schedule 7, paragraphs 14 and 15.

392

Subsection (12) has been amended by regulation 2(3) of, and paragraph 5 of Schedule 3 to, S.I. 2005/1433, and by section 1272 of, and paragraphs 13 and 14(1) and (5) in Part 2 of Schedule 15 to, the Companies Act 2006.

393

Section 15 has been amended by article 15 of S.I. 2005/1967 (N.I. 17) and by section 1272 of, and paragraphs 13 and 15 in Part 2 of Schedule 15 to, the Companies Act 2006.

394

Section 16(2)(c ) has been amended by section 1276(1) and (3) of the Companies Act 2006.

395

Section 34 has been amended by article 6(2) of, and paragraph 4 of Schedule 4 to, S.I. 2007/1093 (C. 49), and by article 10(1) of, and paragraph 104 of Schedule 4 to, S.I. 2007/2194 (C. 84).

396

Section 43 has been amended by article 6(2) of, and paragraph 12 of Schedule 4 to, S.I. 2007/1093 (C. 49), and article 10(3) of, and paragraph 106 of Schedule 4 to, S.I. 2007/2194 (C. 84).

397

The definition of “distributable profits” has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 27(c).

398

Regulation 26(1)(c) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 37(a); regulation 26(3) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 37(b).

399

Regulation 29 has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraph 38.

400

In Schedules 1, 2 and 3, paragraph 3(5) has been amended by S.I. 2007/1093 (C. 49), Schedule 4, paragraphs 42(d), 43(d) and 44(d) respectively.

403

Paragraph 15(2) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 90.

404

Section 80(2) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 94.

405

Section 56(5) was substituted by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)), Schedule 4, paragraph 95.

406
408

Sch. 1 para. 1(rr) repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)

417

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