The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Type Statutory-Instrument
Publication 2009-07-21
Last updated 2018-08-30
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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Made: 21st July 2009

Coming into force: 1st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , sections 657, 1088, 1292, 1294, 1296(1) and 1300(2) of the Companies Act 2006 and section 75(4) and (5) of the Charities Act 2006 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation and is a relevant Minister for the purposes of section 75 of the Charities Act 2006 .

In accordance with paragraph 2 of Schedule 2 to the European Communities Act 1972, sections 657(4), 1088(6), 1290 and 1294(6) of the Companies Act 2006 and section 74(5) of the Charities Act 2006, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Introductory

Citation and commencement

1
  • (1) This Order may be cited as the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009.
  • (2) The provisions of this Order come into force on 1st October 2009.

Consequential amendments

Consequential amendments, repeals and revocations

2
  • (1) Schedule 1 to this Order contains consequential amendments.
  • (2) Schedule 2 to this Order contains other consequential repeals and revocations.

References to companies registered or re-registered under earlier legislation

3

A reference in any enactment to—

  • (a) a company formed and registered under the Companies Act 2006,
  • (b) a company registered but not formed under that Act, or
  • (c) a company re-registered under that Act,

includes a company treated as so formed and registered, registered or re-registered by virtue of section 1297(3) of that Act, including that provision as applied by paragraph 1(2) of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 .

References to Northern Ireland directors disqualification orders

4

A reference in any enactment to a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002 includes a disqualification order made under Part 2 of the Companies (Northern Ireland) Order 1989 that by virtue of section 29(3)(a) of the Interpretation Act (Northern Ireland) 1954 has effect as if made under the 2002 Order.

Transitional provisions

Change of name by existing or transitional company

5
  • (1) This article applies where, in the case of an existing or transitional company—
  • (a) the company's articles are deemed to contain a statement of its name by virtue of section 28 of the Companies Act 2006 (provisions of memorandum treated as provisions of articles), and
  • (b) the company changes its name (by any means) on or after 1st October 2009.
  • (2) The company is not required to amend its articles in order to effect the change of name.
  • (3) The deemed statement in the company's articles ceases to have effect when the change of name takes effect.
  • (4) The company is not required to send a copy of its articles to the registrar in accordance with section 26 of the Companies Act 2006.
  • (5) Where the company, in complying with any obligation to send a person a copy of its articles, relies on paragraph 9(1)(a) or (b) of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008, it must—
  • (a) if it relies on paragraph 9(1)(a) (provisions of old-style memorandum appended to other provisions of articles), omit the provision stating the company's former name;
  • (b) if it relies on paragraph 9(1)(b) (copy of old-style memorandum with indication of provisions deemed to be provisions of the articles), indicate that the provision stating the company's former name is no longer effective.
  • (6) In this article—
  • existing company” and “transitional company” have the same meaning as in the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (see article 2 of that Order); and
  • old-style memorandum” has the same meaning as in paragraph 9(1) of Schedule 2 to that Order (see sub-paragraph (2) of that paragraph).
6
  • (1) Section 42(4) of the Companies Act 2006 (companies that are charities: requirement of consent for affirmation of certain transactions with directors or their associates) applies where the request for consent is received on or after 1st October 2009.
  • (2) Any request for consent under section 65(4) of the Charities Act 1993 or Article 9A(4) of the Charities (Northern Ireland) Order 1987 received but not determined before that date is treated as if made under section 42(4) of the Companies Act 2006.
  • (3) In relation to a decision under section 65(4) of the Charities Act 1993 made before 1st October 2009 the provisions of that Act as to appeals continue to have effect without the amendments made by this Order.

Functions of registrar of companies for Northern Ireland: contracting out

7
  • (1) On the coming into force in relation to the registrar of companies for Northern Ireland of an order under Part 2 of the Deregulation and Contracting Out Act 1994 , as amended by this Order, the provisions of the Deregulation and Contracting Out (Northern Ireland) Order 1996 relating to that registrar shall cease to have effect.
  • (2) Those provisions are—
  • (a) in Article 2(2), the definition of “registrar of companies”;
  • (b) Article 11; and
  • (c) Part 1 of Schedule 2.

Amendments of insolvency legislation

8
  • (1) The amendments by this Order of the Insolvency Act 1986 (“the 1986 Act”) and the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”) apply as follows.
  • (2) They apply where, in a company voluntary arrangement, a moratorium comes into force in relation to a company on or after 1st October 2009.
  • (3) They apply where a company enters administration on or after 1st October 2009, except where—
  • (a) it enters administration by virtue of an administration order under paragraph 10 of Schedule B1 to the 1986 Act (or paragraph 11 of Schedule B1 to the 1989 Order) on an application made before 1st October 2009,
  • (b) the administration is immediately preceded by a voluntary liquidation in respect of which the resolution to wind up was passed before 1st October 2009, or
  • (c) the administration is immediately preceded by a liquidation on the making of a winding-up order on a petition which was presented before 1st October 2009.
  • (4) They apply where, in a receivership, a receiver or manager is appointed in respect of a company on or after 1st October 2009.
  • (5) They apply where a company goes into liquidation upon the passing on or after 1st October 2009 of a resolution to wind up.
  • (6) They apply where a company goes into voluntary liquidation under paragraph 83 of Schedule B1 to the 1986 Act (or paragraph 84 of Schedule B1 to the 1989 Order), except where the preceding administration—
  • (a) commenced before 1st October 2009, or
  • (b) is an administration which commenced by virtue of an administration order under paragraph 10 of Schedule B1 to the 1986 Act (or paragraph 11 of Schedule B1 to the 1989 Order) on an application which was made before 1st October 2009.
  • (7) They apply where a company goes into liquidation on the making of a winding-up order on a petition presented on or after 1st October 2009, except where the liquidation is immediately preceded by—
  • (a) an administration under paragraph 10 of Schedule B1 to the 1986 Act (or paragraph 11 of Schedule B1 to the 1989 Order) where the administration order was made on an application made before 1st October 2009,
  • (b) an administration in respect of which the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the 1986 Act (or paragraph 15 or 23 of Schedule B1 to the 1989 Order) took effect before 1st October 2009, or
  • (c) a voluntary liquidation in respect of which the resolution to wind up was passed before 1st October 2009.

Savings

Saving for unlimited liabilities of directors etc

9

The repeal of the provisions relating to unlimited liability of directors and others, that is—

  • (a) sections 306 and 307 of the Companies Act 1985 and section 75 of the Insolvency Act 1986, or
  • (b) Articles 314 and 315 of the Companies (Northern Ireland) Order 1986 and Article 62 of the Insolvency (Northern Ireland) Order 1989,

does not affect the operation of those provisions in relation to liabilities arising before 1st October 2009 or in connection with the holding of an office to which a person was appointed before that date on the understanding that their liability would be unlimited.

Saving for information obtained or report made under repealed NI provisions

10
  • (1) The operation of any provision about the disclosure of information—
  • (a) obtained under a repealed NI provision, or
  • (b) contained in a report made under a repealed NI provision,

is not affected by the repeal of that provision (or the repeal of the NI provision).

  • (2) So far as may be necessary for continuing the operation of any such provision—
  • (a) information obtained as mentioned in paragraph (1)(a) is to be treated in the same way as information obtained under the corresponding GB provision, and
  • (b) information contained in any such report as is mentioned in paragraph (1)(b) is to be treated in the same way as information contained in a report made under the corresponding GB provision.
  • (3) In this article—
  • repealed NI provision” means a provision of Northern Ireland legislation that is repealed in consequence of the extension to Northern Ireland, by any provision of Part 45 of the Companies Act 2006, of provisions applying in Great Britain; and
  • corresponding GB provision” means the corresponding provision so applied.

Saving for provisions relating to nature of liability of member or contributory

11
  • (1) The new provisions as to the nature of a member's or contributory's liability apply to liabilities arising on or after 1st October 2009 and the old provisions continue to apply to liabilities arising before that date.
  • (2) The new provisions are section 33(2) of the Companies Act 2006 and (in England and Wales) section 80 of the Insolvency Act 1986 as amended by this Order.
  • (3) The old provisions are—
  • (a) in England and Wales, section 14(2) of the Companies Act 1985 and section 80 of the Insolvency Act 1986 as it has effect before that amendment;
  • (b) in Northern Ireland, Articles 4(d)(ii) and 15(c) of the Limitation (Northern Ireland) Order 1989 .
  • (4) For the purposes of this article a liability is treated as arising when the limitation period starts to run for the purposes of the Limitation Act 1980 or the Limitation (Northern Ireland) Order 1989.

Saving for earlier consequential amendments, transitional provisions and savings

12
  • (1) Schedule 3 to this Order contains provisions preserving the effect of the provisions of ... the Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 relating to old public companies.
  • (2) The repeal of the other provisions of that ... Order does not affect the operation of—
  • (a) any provision amending an enactment that remains in force;
  • (b) any transitional provision that remains capable of having effect in relation to the corresponding provision of the Companies Act 2006;
  • (c) any saving that remains capable of having effect in relation to the repeal of an enactment by that ... Order.

Saving of power to order caution for expenses (in Scotland) or security for costs (in Northern Ireland)

13
  • (1) Schedule 1 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (repeals coming into force on 1st October 2009) is amended as follows—
  • (a) in Part 1 (Great Britain repeals), in the list of provisions of the Companies Act 1985, for “Sections 721 to 726” substitute “ Sections 721 to 725 and 726(1) ”;
  • (b) in Part 2 (Northern Ireland repeals), in the list of provisions of the Companies (Northern Ireland) Order 1986, for “Articles 670 to 674” substitute “ Articles 670 to 673 ”.
  • (2) In Article 674 of the Companies (Northern Ireland) Order 1986 (power to order security for costs in Northern Ireland) the expression “limited company” has the same meaning as in the Companies Acts (see section 3 of the Companies Act 2006).
  • (3) That Article and section 726(2) of the Companies Act 1985 (power to order caution for expenses in Scotland) apply to a limited liability partnership registered under the Limited Liability Partnerships Act 2000 as they apply to a limited company.

SCHEDULE 1 — CONSEQUENTIAL AMENDMENTS

Newspaper Libel and Registration Act 1881 (c. 60)

1
  • (1) The Newspaper Libel and Registration Act 1881 is amended as follows.
  • (2) In section 1 (interpretation)—
  • (a) for the definition of “registrar” substitute—

The word “registrar” means— (a) in England and Wales, the registrar of companies for England and Wales, and (b) in Northern Ireland, the registrar of companies for Northern Ireland.

  • (b) omit the definition of “registry office”.
  • (3) In the following provisions for “to the Registry Office” substitute “ to the registrar ”
  • section 9 (annual return to be made);
  • section 11 (power of party to transaction in share or interest in newspaper to make return).
  • (4) For section 13 (registrar to enter returns in register) substitute—

(13) (1) It is the duty of the registrar forthwith to register every return made under this Act in the register of newspaper proprietors. (2) Any person may— (a) inspect the register, or (b) require a copy of any material on the register. (3) The registrar may specify the form and manner— (a) in which application is to be made for any such inspection or copy, and (b) in which copies are to be provided. (4) The applicant may require any copy so provided to be certified by the registrar as a true copy. (5) The Secretary of State may make provision by regulations (to be made by statutory instrument) as to the manner in which such a certificate is to be provided in a case where the copy is provided in electronic form. (6) Copies provided by the registrar may, instead of being certified in writing to be an accurate record, be sealed with the registrar's official seal.

  • (5) Omit section 14 (fees payable for registrar's services).
  • (6) For section 15 (copies of entries in and extracts from register to be evidence) substitute—

(15) A copy provided under section 13, certified by the registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence— (a) as of equal validity with the original document, and (b) as evidence of any fact stated in the original document of which direct oral evidence would be admissible.

  • (7) In section 18 (exclusion of newspapers belonging to joint stock companies), for “joint stock company duly incorporated under and subject to the provisions of the Companies Acts 1862 to 1879” substitute “ company formed and registered under the Companies Act 2006 or incorporated in another EEA state ”.

Partnership Act 1890 (c. 39)

2

In section 1(2) of the Partnership Act 1890 (definition of partnership: excluded companies and associations), for paragraph (a) substitute—

(a) registered under the Companies Act 2006, or

Limited Partnerships Act 1907 (c. 24)

3
  • (1) The Limited Partnerships Act 1907 is amended as follows.
  • (2) In section 9(1) (registration of changes in partnerships), omit the words from “at the register office” to “is registered”.
  • (3) In section 10(2) (notices to be published in the Gazette: meaning of “the Gazette”)—
  • (a) for “Ireland” substitute “ Northern Ireland ”, and
  • (b) for “Dublin” substitute “ Belfast ”.
  • (4) In section 14 (register and index to be kept) omit the words “At each of the register offices herein-after referred to” and “, in proper books to be provided for the purpose,”.
  • (5) For section 15 (registrar of joint stock companies to be registrar under Act) substitute—

(15) (1) The registrar of companies is the registrar of limited partnerships. (2) In this Act— (a) references to the registrar in relation to the registration of a limited partnership are to the registrar to whom the application for registration is to be made (see section 8A(1)(d) ); (b) references to registration in a particular part of the United Kingdom are to registration by the registrar for that part of the United Kingdom; (c) references to the registrar in relation to any other matter relating to a limited partnership are to the registrar for the part of the United Kingdom in which the partnership is registered.

  • (6) In section 16 (inspection of statements registered)—
  • (a) in subsection (1), omit “in the register offices aforesaid”;
  • (b) in subsection (2), omit “or one of the assistant registrars” and “or assistant registrar”.

Law of Property Act 1925 (c. 20)

4

In section 74(6) of the Law of Property Act 1925 (execution of instruments by or on behalf of corporations), for “memorandum or articles” substitute “ articles ”.

Mining Industry Act 1926 (c. 28)

5

In section 20 of the Mining Industry Act 1926 (power of coal-mining companies to establish profit sharing schemes), for “memorandum or articles of association” substitute “ articles of association ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

6
  • (1) The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
  • (2) In section 27(5)(b) (renewal of tenancy in England and Wales: meaning of “company”), for “has the same meaning as in the Companies Act 1948” substitute “ has the meaning given by section 1(1) of the Companies Act 2006 ”.
  • (3) In section 38(5)(b) (renewal of tenancy in Scotland: meaning of “company”), for “has the same meaning as in the Companies Act 1948” substitute “ has the meaning given by section 1(1) of the Companies Act 2006 ”.

Landlord and Tenant Act 1954 (c. 56)

7

In section 46(2) of the Landlord and Tenant Act 1954 (interpretation of Part 2)—

  • (a) in the definition of “company” for “section 735 of the Companies Act 1985” substitute “ section 1(1) of the Companies Act 2006 ”;
  • (b) in the definition of “subsidiary” for “section 736 of that Act” substitute “ section 1159 of that Act ”.

Corporate Bodies' Contracts Act 1960 (c. 46)

8

In the Corporate Bodies' Contracts Act 1960, for section 2 (exclusion of companies under Companies Acts) substitute—

(2) This Act does not apply to— (a) a company registered under the Companies Act 2006, (b) a company incorporated outside the United Kingdom, or (c) a limited liability partnership.

Transport Act 1962 (c. 46)

9

In section 92(1) of the Transport Act 1962 (interpretation), in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Stock Transfer Act 1963 (c. 18)

10
  • (1) Section 1(4) of the Stock Transfer Act 1963 (simplified transfer of securities: securities to which the section applies) is amended as follows.
  • (2) In paragraph (a) for “within the meaning of the Companies Act 1985” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.
  • (3) In paragraph (b) for “within the meaning of the said Act” substitute “ as so defined ”.

Stock Transfer Act (Northern Ireland) 1963 (c. 24 (N.I.))

11
  • (1) Section 1(4) of the Stock Transfer Act (Northern Ireland) 1963 (simplified transfer of securities) is amended as follows.
  • (2) In paragraph (a) for “within the meaning of the Companies (Northern Ireland) Order 1986” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.
  • (3) In paragraph (b) for “within the meaning of the said Act” substitute “ as so defined ”.

Harbours Act 1964 (c. 40)

12
  • (1) The Harbours Act 1964 is amended as follows.
  • (2) In section 14(4A) (harbour revision orders: authorities within same group)—
  • (a) for “the Companies Act 1985” substitute “ the Companies Acts (see section 1159 of the Companies Act 2006) ”, and
  • (b) for “that Act” substitute “ that section ”.
  • (3) In section 57(1) (interpretation), in the definition of “marine work” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Business Tenancies Act (Northern Ireland) 1964 (c. 36 (N.I.))

13

In section 25(2) of the Business Tenancies Act (Northern Ireland) 1964 (groups of companies: meaning of “subsidiary”), for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Industrial and Provident Societies Act 1965 (c. 12)

14

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

Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))

15

In section 168(1)(c) of the Factories Act (Northern Ireland) 1965 (service of documents), for “being a company to which the Companies (Northern Ireland) Order 1986 applies” substitute “ that is a company as defined in section 1(1) of the Companies Act 2006 ”.

Industrial and Provident Societies Act 1967 (c. 48)

16

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

Transport Act (Northern Ireland) 1967 (c. 37 (N.I.))

17

In section 81(1) of the Transport Act (Northern Ireland) 1967 (interpretation), in the definition of “subsidiary” for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

National Loans Act 1968 (c. 13)

18

In section 12 of the National Loans Act 1968 (power of Treasury to borrow), in subsection (5)(a) (national savings certificates etc issued through Post Office company or subsidiary), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Port of London Act 1968 (c. xxxii)

19

In section 59 of the Port of London Act 1968 (Port of London Authority: accounts and audit), for subsection (3) substitute—

(3) The auditor or firm must be eligible for appointment as a statutory auditor (see Part 42 of the Companies Act 2006).

Transport Act 1968 (c. 73)

20

In section 23A(2) of the Transport Act 1968 (interpretation of provisions relating to railways: meaning of “wholly-owned subsidiary”), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

21
  • (1) The Industrial and Provident Societies (Northern Ireland) Act 1969 is amended as follows.
  • (2) In section 7D(1)(b) (transactions with committee members and other persons in excess of powers), omit“or a company with whom such a member is associated”.
  • (3) In section 7E (definitions relating to section 7D)—
  • (a) omit subsection (2);
  • (b) in subsection (3)—
  • (i) for “Article 354(2) to (8) of that Order” substitute “ Sections 252 to 255 of the Companies Act 2006 ”, and
  • (ii) omit“or to a member of the committee's being “associated with” a company”.
  • (4) In section 31(b) (investments) for “registered under the Companies Acts” substitute “ registered under the Companies Act 2006 ”.
  • (5) In section 48(5) (annual return), for “section 64(b)” substitute “ section 64(1)(b) ”.
  • (6) In section 61 (conversion into, or transfer of engagements to, company)—
  • (a) in subsection (1)—
  • (i) for “the Companies (Northern Ireland) Order 1986” substitute “ the Companies Act 2006 ”, and
  • (ii) for “that Order” substitute “ that Act ”;
  • (b) in subsection (2)—
  • (i) for “required by the Companies (Northern Ireland) Order 1986” substitute “ required by subsection (1) of section 8 of the Companies Act 2006 ”;
  • (ii) for “signed and attested under the said Order of 1986” substitute “ authenticated as required by subsection (2) of that section ”.
  • (7) In section 62 (conversion of company into registered society)—
  • (a) in subsection (1) for “the Companies (Northern Ireland) Order 1986” substitute “ the Companies Act 2006 ”;
  • (b) in subsection (2) after “together with the secretary” insert “ (or if the company has no secretary, a director) ”;
  • (c) in subsection (4) —
  • (i) omit“under the seal of the company”, and
  • (ii) omit“within the meaning of the Companies (Northern Ireland) Order 1986”;
  • (d) in subsection (6) for “the Companies (Northern Ireland) Order 1986” substitute “ the Companies Act 2006 ”.
  • (8) For section 64 (dissolution of registered society) substitute—

(64) (1) A registered society may be dissolved— (a) on its being wound up in pursuance of an order or resolution made as is directed in regard to companies by the Insolvency (Northern Ireland) Order 1989, or (b) in accordance with section 67, by an instrument of dissolution to which not less than three-fourths of the members of the society have given their consent testified by their signatures to the instrument. (2) The provisions of the Insolvency (Northern Ireland) Order 1989 applied by subsection (1)(a) have effect as if the society were a company, but any reference to the registrar of companies shall be read as a reference to the registrar within the meaning of this Act. (3) A copy of any resolution passed for the voluntary winding up of a registered society must be sent by the society to the registrar within 15 days after it is passed. For the purposes of section 71 (offences by officers etc) as it applies in relation to a failure to comply with this subsection, a liquidator of the society shall be treated as an officer of it. (4) A copy of any resolution passed for the voluntary winding up of a registered society must be annexed to every copy of the registered rules of the society issued after the passing of the resolution. (5) This section has effect subject to section 68 (restriction on dissolution or cancellation of registration).

  • (9) In section 66 (winding up), for “section 64(a)” substitute “ section 64(1)(a) ”.
  • (10) In section 67(1) (instrument of dissolution), for “section 64(b)” substitute “ section 64(1)(b) ”.
  • (11) In section 101(1) (interpretation) omit the definition of “Companies Acts”.

Prevention of Oil Pollution Act 1971 (c. 60)

22

In section 19(4B) of the Prevention of Oil Pollution Act 1971 (prosecutions: service of documents on foreign companies), for the words from “to whom” to the end substitute “ to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question. ”.

Land Charges Act 1972 (c. 61)

23

In section 3(8) of the Land Charges Act 1972 (registration of land charges: enactments under which company charges registered), for “and sections 395 to 398 of the Companies Act 1985” substitute “ , sections 395 to 398 of the Companies Act 1985 and Part 25 of the Companies Act 2006 and regulations made under section 1052 of that Act ”.

Industry Act 1972 (c. 63)

24

In section 10(9) of the Industry Act 1972 (construction credits), for “by section 736 of the Companies Act 1985, or by Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ by section 1159 of the Companies Act 2006 ”.

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

25

In section 32(4) of the Local Government Act (Northern Ireland) 1972 (ancillary powers of High Court in exercising jurisdiction under section 31), for the words from “an inspector appointed by the” to the end substitute “ an inspector appointed under section 431 of the Companies Act 1985; and accordingly sections 433 to 436 of that Act (powers etc) apply for the purposes of an investigation by an inspector appointed under subsection (1)(b) above as they apply for the purposes of an investigation by an inspector appointed under section 431 of that Act. ”.

Fair Trading Act 1973 (c. 41)

26

In section 137(5) of the Fair Trading Act 1973 (interpretation: meaning of interconnected bodies corporate), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Local Government (Scotland) Act 1973 (c. 65)

27

In Schedule 7A to the Local Government (Scotland) Act 1973 (access to information: exempt information), in paragraph 2 of Part 2 (exclusion of information required to be registered under certain legislation) for paragraph (a) substitute—

(a) the Companies Acts (as defined in section 2(1) of the Companies Act 2006);

Consumer Credit Act 1974 (c. 39)

28

In section 16(10)(a)(iii) of the Consumer Credit Act 1974 (exempt agreements: meaning of wholly-owned subsidiary), for “the Companies Act 1985” substitute “ the Companies Acts (see section 1159 of the Companies Act 2006) ”.

Friendly Societies Act 1974 (c. 46)

29
  • (1) The Friendly Societies Act 1974 is amended as follows.
  • (2) In section 82(3) (amalgamation and transfer of engagements), for “under the Companies Acts” substitute “ registered under the Companies Act 2006 ”.
  • (3) In section 84 (conversion of registered societies into companies)—
  • (a) in subsection (1), for “the Companies Acts” substitute “ the Companies Act 2006 ”;
  • (b) in subsection (2) —
  • (i) for “required by the Companies Acts” substitute “ required by subsection (1) of section 8 of the Companies Act 2006 ”, and
  • (ii) for “signed and attested under the Companies Acts” substitute “ authenticated as required by subsection (2) of that section ”;
  • (c) in subsection (3) , for “the Companies Acts” substitute “ the Companies Act 2006 ”.
  • (4) In section 111(1) (interpretation), omit the definition of “the Companies Acts”.

Solicitors Act 1974 (c. 47)

30

In section 23(2) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc: exceptions), as substituted by section 54(1) of the Courts and Legal Services Act 1990, in paragraph (h) for “section 736(1) of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

House of Commons Disqualification Act 1975 (c. 24)

31

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), in paragraph (b) of the entry for directors of licence-holders etc. under Chapter 1 of Part 1 of the Transport Act 2000, for “section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

32

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), in paragraph (b) of the entry for directors of licence-holders etc. under Chapter 1 of Part 1 of the Transport Act 2000, for “section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Industry Act 1975 (c. 68)

33

In section 37(1) of the Industry Act 1975 (interpretation), in the definitions of “holding company” and “subsidiary”, for “section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Welsh Development Agency Act 1975 (c. 70)

34

In section 27(1) of the Welsh Development Agency Act 1975 (interpretation), in the definitions of “holding company”, “subsidiary” and “wholly owned subsidiary”, for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Industrial Common Ownership Act 1976 (c. 78)

35

In section 2 of the Industrial Common Ownership Act 1976 (common ownership enterprises and co-operative enterprises)—

  • (a) in subsection (1) (definition of “common ownership enterprise”), in paragraph (b) for “memorandum or articles of association” substitute “ articles of association ”;
  • (b) in subsection (5) (interpretation)—
  • (i) for the definition of “company” substitute—

company” means a company registered under the Companies Act 2006;

  • (ii) in the closing words (which define “subsidiary”) for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

36
  • (1) The Aircraft and Shipbuilding Industries Act 1977 is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In section 56(1) (interpretation)—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) in the definitions of “holding company” and “subsidiary”, for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”;
  • (c) in the definition of “wholly-owned subsidiary”, for “section 736(5)(b) of the Companies Act 1985 and Article 4(5)(b) of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Nuclear Industry (Finance) Act 1977 (c. 7)

37

In section 3 of the Nuclear Industry (Finance) Act 1977 (expenditure on acquiring shares of certain companies), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28))

38

In Part 10 of Schedule 12 to the Rates (Northern Ireland) Order 1977 (basis of valuation: docks), in paragraph 4 (interpretation) in the definition of “subsidiary”, for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

National Health Service (Scotland) Act 1978 (c. 29)

39

In section 84B(3) of the National Health Service (Scotland) Act 1978 (joint ventures: meaning of “companies”), for “within the meaning of the Companies Act 1985” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.

Credit Unions Act 1979 (c. 34)

40

In section 6(1)(d) of the Credit Unions Act 1979 (minimum number of members: winding up), for “section 55(a)” substitute “ section 55(1)(a) ”.

Aircraft and Shipbuilding Industries (Northern Ireland) Order 1979 (S.I. 1979/294 (N.I. 1))

41

In Article 2(2) of the Aircraft and Shipbuilding Industries (Northern Ireland) Order 1979 (interpretation), in the definition of “subsidiary” and “wholly-owned subsidiary” for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Competition Act 1980 (c. 21)

42

In the Competition Act 1980—

  • (a) in section 11(3)(f) (references of public bodies to Commission), and
  • (b) in section 12(4) (order following report under section 11),

for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

British Aerospace Act 1980 (c. 26)

43

In section 14(1) of the British Aerospace Act 1980 (interpretation)—

  • (a) for the definition of “subsidiary” substitute—

subsidiary” has the meaning given by section 1159 of the Companies Act 2006;

  • (b) in the definition of “wholly-owned subsidiary”, for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Industry Act 1980 (c. 33)

44

In section 3(7) of the Industry Act 1980 (finance for companies transferred to Secretary of State: interpretation)—

  • (a) for the definition of “company” substitute—

company” means a company as defined in section 1(1) of the Companies Act 2006,

  • (b) in the definition of “subsidiary” for “section 736 of the said Act of 1985 or Article 4 of the said Order of 1986” substitute “ section 1159 of the Companies Act 2006 ”.

Civil Aviation Act 1980 (c. 60)

45

In section 4 of the Civil Aviation Act 1980 (initial government holding in successor company), in subsection (3)(b) (shares to be treated as fully paid up) for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.

Local Government, Planning and Land Act 1980 (c. 65)

46
  • (1) The Local Government, Planning and Land Act 1980 is amended as follows.
  • (2) In section 98(9) (disposal of land at direction of Secretary of State: meaning of “subsidiary”), for “section 736(1) of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (3) In section 100 (land held by public bodies: interpretation), in the definition of “wholly-owned subsidiary”—
  • (a) in subsection (1) , and
  • (b) in subsection (1A) as substituted by paragraph 57 of Schedule 11 to the Local Government and Housing Act 1989 ,

for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

  • (4) In section 141(7) (vesting of land in urban development corporation: interpretation), in the definition of “wholly-owned subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (5) In section 170 (urban development: interpretation), in subsections (1)(d) and (2) , for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

British Telecommunications Act 1981 (c. 38)

47

In section 85(2) of the British Telecommunications Act 1981 (general interpretation: meaning of “subsidiary” and “wholly-owned subsidiary”), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Transport Act 1981 (c. 56)

48
  • (1) Part 2 of the Transport Act 1981 (reconstitution of British Transport Docks Board) is amended as follows.
  • (2) In section 10 (provisions of the Companies Acts applying to Associated British Ports)—
  • (a) in subsection (1) for “the Companies Act 1985” substitute “ the Companies Act 2006 ”;
  • (b) for subsection (2) substitute—

(2) The provisions of the Companies Acts referred to in subsection (1) are the following—

Subject matter Subject matter Provisions applied
1. Financial assistance for purchase of shares, &c. Chapter 2 of Part 18 of the Companies Act 2006.
2. Registration of charges. Chapter 1 of Part 25 of that Act.
3. Accounts and reports. Part 15 of that Act.
4. Audit. Part 16 of that Act.
5. Disclosure by directors of interests in contracts, &c. Chapter 3 of Part 10 of that Act.
6. Power of Court to give relief in certain cases. Section 1157 of that Act.
7. Restrictions on distributions. Part 23 of that Act.
  • (3) In section 13(6) (transfer of functions of holding company of Associated British Ports: meaning of “company”), for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.
  • (4) In section 14(3) (supplementary provisions: definitions), in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))

49
  • (1) The Judgments Enforcement (Northern Ireland) Order 1981 is amended as follows.
  • (2) In Article 2(2) (general interpretation)—
  • (a) in the definition of “company”, in paragraph (b) for “a company to which Part XXIII of the Companies (Northern Ireland) Order 1986 applies” substitute “ incorporated outside Northern Ireland and has an established place of business in Northern Ireland ”;
  • (b) for the definition of “debenture” substitute—

debenture” has the same meaning as in the Companies Acts (see section 738 of the Companies Act 2006);

  • (c) for the definition of “private company” substitute—

private company” has the same meaning as in the Companies Acts (see section 4 of the Companies Act 2006);

  • (3) In Article 58(c) (order charging certain funds, stock etc), for “to which Part XXIII of the Companies (Northern Ireland) Order 1986 applies” substitute “ which has an established place of business in Northern Ireland ”.

British Railways (Pension Schemes) Act 1981 (c. xv)

50

In section 4(3) of the British Railways (Pension Schemes) Act 1981 (pension trustee, if a company, to be treated as a trust corporation) for “within the meaning of section 735(1) of the Companies Act 1985” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.

Civil Aviation Act 1982 (c. 16)

51
  • (1) The Civil Aviation Act 1982 is amended as follows.
  • (2) In section 23 (restriction on disclosure of information), in subsection (3) (reasonable inquiries to find a body corporate) for paragraphs (a) and (b) substitute—

(a) in the case of a company registered under the Companies Act 2006, inquiries have been made at its registered office; (b) in the case of a company incorporated outside the United Kingdom that has registered particulars under section 1046 of the Companies Act 2006, inquiries have been made at every address (including every address of an establishment) so registered in respect of the company.

  • (3) In section 105(1) (general interpretation), in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Transport Act 1982 (c. 49)

52

In section 13 of the Transport Act 1982 (investment by the Secretary of State in Government-controlled company interested in former Government testing stations)—

  • (a) in subsection (2) for “formed and registered under the Companies Act 1985” substitute “ as defined in section 1(1) of the Companies Act 2006 ”;
  • (b) in subsection (8) for “section 1 of the Companies Act 1976” substitute “ Part 15 of the Companies Act 2006 ”.

Industrial Development (Northern Ireland) Order 1982 (S.I. 1982/1083 (N.I. 15))

53

In Article 15(1) of the Industrial Development (Northern Ireland) Order 1982 (interpretation of Part 3), in the definition of “holding company” and “subsidiary” for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “ section 1159 of the Companies Act 2006 ”.

National Audit Act 1983 (c. 44)

54

In Schedule 3 to the National Audit Act 1983 (the auditor of the National Audit Office), in paragraph 1 for sub-paragraphs (1) and (2) substitute—

(1) The auditor must be eligible for appointment as a statutory auditor (see Part 42 of the Companies Act 2006).

Building Act 1984 (c. 55)

55

In section 126 of the Building Act 1984 (general interpretation), in the definition of “statutory undertakers” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Ordnance Factories and Military Services Act 1984 (c. 59)

56

In section 14(5) of the Ordnance Factories and Military Services Act 1984 (general interpretation: definitions)—

  • (a) in the definition of “company” for “the Companies Act 1948” substitute “ the Companies Act 2006 ”;
  • (b) in the definition of “subsidiary” and “wholly-owned subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Companies Act 1985 (c. 6)

57
  • (1) Part 14 of the Companies Act 1985 (company investigations) is amended as follows.
  • (2) In section 434(5B) (duty to produce documents and evidence: offences excepted from general rule that answers not admissible in criminal proceedings), after paragraph (b) insert—

; or (c) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).

  • (3) In section 437 (inspectors' reports), after subsection (2) insert—

(2A) If the company is registered under the Companies Act 2006 in Northern Ireland, the Secretary of State must send a copy of any interim or final report by the inspectors to the Department of Enterprise, Trade and Investment in Northern Ireland.

  • (4) In section 441(1) (inspectors' report to be evidence) after “section 8 of the Company Directors Disqualification Act 1986” insert “ or Article 11 of the Company Directors Disqualification (Northern Ireland) Order 2002 ”.
  • (5) In section 447A(3) (information provided in pursuance of requirement: offences excepted from general rule that answers not admissible in criminal proceedings), after paragraph (c) insert—

, or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

  • (6) In section 448A (disclosure of information)—
  • (a) in subsection (3) after “enactment” insert “ whenever passed or made ”;
  • (b) for subsection (5) substitute—

(5) In this section “enactment” has the meaning given by section 1293 of the Companies Act 2006.

  • (7) In section 453 (investigation of oversea companies)—
  • (a) in the heading for “oversea” substitute “ overseas ”;
  • (b) in subsection (1) for “Great Britain”, in both places where it occurs, substitute “ the United Kingdom ”.
58
  • (1) Schedule 15D to the Companies Act 1985 (permitted disclosures) is amended as follows.
  • (2) In paragraph 9 (functions of Secretary of State or Treasury)—
  • (a) for paragraph (a) substitute—

(a) the Companies Acts (as defined in section 2(1) of the Companies Act 2006);

  • (b) for paragraph (b) substitute—

(b) Part 5 of the Criminal Justice Act 1993 (insider dealing);

  • (c) after paragraph (d) insert—

(da) Part 42 of the Companies Act 2006 (statutory auditors);

  • (d) for paragraph (e) substitute—

(e) Parts 3 and 7 of the Companies Act 1989 (investigations and powers to obtain information and financial markets and insolvency);

  • (3) In paragraph 34 (bodies designated to exercise functions of Secretary of State in relation to statutory auditors)—
  • (a) for “section 46 of the Companies Act 1989” substitute “ section 1252 of the Companies Act 2006 ”, and
  • (b) for “Part 2 of that Act” substitute “ Part 42 of that Act (statutory auditors) ”.
  • (4) In paragraph 35 (recognised supervisory or qualifying bodies for statutory auditors) for “Part 2 of the Companies Act 1989” substitute “ Part 42 of the Companies Act 2006 ”.
  • (5) In paragraph 38 (recognised professional bodies for insolvency practitioners) after “section 391 of the Insolvency Act 1986” insert “ or Article 350 of the Insolvency (Northern Ireland) Order 1989 ”.
  • (6) In paragraph 42 (directors' disqualification) after “section 6, 7 or 8 of the Company Directors Disqualification Act 1986” substitute “ or Article 9, 10 or 11 of the Company Directors Disqualification (Northern Ireland) Order 2002 ”.

Oil and Pipelines Act 1985 (c. 62)

59

In section 6 of the Oil and Pipelines Act 1985 (interpretation), in the definition of “subsidiary” and “wholly owned subsidiary” for “shall be construed in accordance with section 736 of the Companies Act 1985” substitute “ have the meanings given by section 1159 of the Companies Act 2006 ”.

Bankruptcy (Scotland) Act 1985 (c. 66)

60

In section 6(2) of the Bankruptcy (Scotland) Act 1985 (sequestration of other estates: cases where sequestration not competent), for paragraph (a) substitute—

(a) a company registered under the Companies Act 2006; or

Transport Act 1985 (c. 67)

61

In section 137(1) of the Transport Act 1985 (general interpretation), in the definition of “equity share capital” for “has the meaning given in the Companies Act 1985” substitute “ has the same meaning as in the Companies Acts (see section 548 of the Companies Act 2006) ”.

Housing Act 1985 (c. 68)

62
  • (1) The Housing Act 1985 is amended as follows.
  • (2) In section 6A (meaning of “Relevant Authority” in relation to housing associations), in subsection (2)(c) and subsection (4) for “registered under the Companies Act 1985” substitute “ registered under the Companies Act 2006 ”.
  • (3) In section 27AB (management agreements with tenant management organisations), in subsection (8) (meaning of “registered”) for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.
  • (4) In section 51(5) (meaning of “qualified accountant”: associated companies), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (5) In section 171B (extent of preserved right: qualifying persons and dwelling-houses), in the second sentence of subsection (6) (meaning of “connected company”) for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (6) In section 622(1) (minor definitions: general), in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Housing Associations Act 1985 (c. 69)

63
  • (1) The Housing Associations Act 1985 is amended as follows.
  • (2) In section 101 (Part 3: minor definitions), in the definition of “subsidiary”, for “section 736 of the Companies Act” substitute “ section 1159 of the Companies Act 2006 ”.
  • (3) In the table in section 102 (Part 3: index of defined expressions), omit the entry for the Companies Act.
  • (4) In section 106(2) (general definitions for Scotland), omit the definition of “the Companies Act”.

Landlord and Tenant Act 1985 (c. 70)

64

In section 28(5) of the Landlord and Tenant Act 1985 (meaning of “qualified accountant”: whether companies associated), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11))

65
  • (1) The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 is amended as follows.
  • (2) In Article 7(5) (persons disqualified for obtaining and holding bookmaker's licence), for sub-paragraph (d) substitute—

(d) a body corporate other than a company registered under the Companies Act 2006 in Northern Ireland.

  • (3) In Article 61(5) (persons disqualified for obtaining and holding bingo club licence), for sub-paragraph (d) substitute—

(d) a body corporate other than a company registered under the Companies Act 2006 in Northern Ireland.

  • (4) In Article 84(4) (persons disqualified for obtaining and holding gaming machine certificate or permit), for sub-paragraph (d) substitute—

(d) a body corporate other than a company registered under the Companies Act 2006 in Northern Ireland.

  • (5) In Article 109(2) (persons to whom amusement permits may be granted), for the words from “a body corporate” to “that Order” substitute “ a company registered under the Companies Act 2006 in Northern Ireland ”.
  • (6) In Article 141(4) (persons disqualified for obtaining and holding lottery certificate), for sub-paragraph (d) substitute—

(d) a body corporate other than a company registered under the Companies Act 2006 in Northern Ireland.

  • (7) In Article 155(2) (persons to whom pleasure permits may be granted), for the words from “a body corporate” to “that Order” substitute “ a company registered under the Companies Act 2006 in Northern Ireland ”.

Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))

66

For Article 68 of the Credit Unions (Northern Ireland) Order 1985 substitute—

(68) (1) A credit union may be dissolved— (a) on its being wound up in pursuance of an order or resolution made as is directed in regard to companies by the Insolvency (Northern Ireland) Order 1989, or (b) in accordance with Article 70, by an instrument of dissolution to which not less than three-fourths of the members of the credit union have given their consent testified by their signatures to the instrument. (2) The provisions of the Insolvency (Northern Ireland) Order 1989 applied by paragraph (1)(a) have effect as if the credit union were a company, but any reference to the registrar of companies shall be read as a reference to the registrar within the meaning of this Order. (3) A copy of any resolution passed for the voluntary winding up of a credit union must be sent by the credit union to the registrar within 15 days after it is passed. For the purposes of Article 73 (offences by credit unions, officers etc) as it applies in relation to a failure to comply with this paragraph, a liquidator of the credit union shall be treated as an officer of it. (4) A copy of any such resolution must be annexed to every copy of the registered rules of the credit union issued after the passing of the resolution. (5) This section has effect subject to Article 71 (restriction on dissolution or cancellation of registration).

Atomic Energy Authority Act 1986 (c. 3)

67

In section 9 of the Atomic Energy Authority Act 1986 (interpretation), in the definition of “subsidiary” and “wholly owned subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Airports Act 1986 (c. 31)

68
  • (1) The Airports Act 1986 is amended as follows.
  • (2) In section 13(2) (transfer of airport undertakings of local authorities to companies owned by such authorities), for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.
  • (3) In section 26(2)(a) (avoidance of restrictions on transfer of securities of public airport companies), for “memorandum or articles of association” substitute “ articles of association ”.
  • (4) In section 41(4)(b)(iii) (discretionary conditions: level of borrowing appropriate having regard to equity share capital), for “the Companies Act 1985” substitute “ the Companies Acts (see section 548 of the Companies Act 2006) ”.
  • (5) In section 82(1) (general interpretation)—
  • (a) in the definition of “the registrar of companies” for “the Companies Act 1985” substitute “ the Companies Acts (see section 1060 of the Companies Act 2006) ”;
  • (b) in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Protection of Military Remains Act 1986 (c. 35)

69

In section 3(1)(b) of the Protection of Military Remains Act 1986 (persons liable where offence committed in international waters), for sub-paragraph (iv) substitute—

(iv) a company registered under the Companies Act 2006.

Gas Act 1986 (c. 44)

70
  • (1) The Gas Act 1986 is amended as follows.
  • (2) In section 33F(10) (information about directors' remuneration: interpretation), for the definition of “company” substitute—

company” means a company (as defined in section 1(1) of the Companies Act 2006) that— 1. is limited by shares, and 2. has its registered office in Great Britain.

  • (3) In section 48(1) (interpretation of Part 1), in the definition of “holding company” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (4) In section 51 (initial government holding in successor company), in subsection (4)(b) (shares to be treated as fully paid up) for “the Companies Act 1985” substitute “ the Companies Act 2006 ”.
  • (5) In section 55(3) (statutory reserve of successor company)—
  • (a) for “section 264(3)(d) of the Companies Act 1985” substitute “ section 831(4)(d) of the Companies Act 2006 ”, and
  • (b) for “section 264(3)(c)” substitute “ section 831(4)(c) ”.
  • (6) In section 61(1) (interpretation of Part 2), in the definition of “subsidiary” for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

Insolvency Act 1986 (c. 45)

71
  • (1) Part 1 of the Insolvency Act 1986 (company voluntary arrangements) is amended as follows.
  • (2) In section 1(4) (meaning of “company”), for paragraph (a) substitute—

(a) a company registered under the Companies Act 2006 in England and Wales or Scotland;

  • (3) In section 7A (prosecution of delinquent officers of company)—
  • (a) in subsection (3) for “the Companies Act” substitute “ the Companies Act 1985 ”;
  • (b) in subsection (4) for “the Companies Act” substitute “ the Companies Acts ”.
  • (4) In Schedule A1 (moratorium where directors propose voluntary arrangement)—
  • (a) in paragraph 3 (qualifying conditions for moratorium), after sub-paragraph (5) insert—

(6) Expressions used in this paragraph that are defined expressions in Part 15 of the Companies Act 2006 (accounts and reports) have the same meaning in this paragraph as in that Part.

  • (b) in paragraphs 20(8) and 34(2), for “an office copy” substitute “ a copy ”.
72

In Part 2 of the Insolvency Act 1986 (administration), in paragraph 111(1A) of Schedule B1 (meaning of “company”), for paragraph (a) substitute—

(a) a company registered under the Companies Act 2006 in England and Wales or Scotland,

73
  • (1) Part 2 of the Insolvency Act 1986 (administration) as it has effect by virtue of—
  • (a) section 249(1) of the Enterprise Act 2002 (special administration regimes), or
  • (b) paragraph 3(2) or (3) of the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003 (other purposes),

(that is, without the amendments made by the Enterprise Act 2002) is amended as follows.

  • (2) In section 14(4) (general powers)—
  • (a) for “the Companies Act” substitute “ the Companies Acts ”;
  • (b) for “the memorandum or articles of association” substitute “ the company's articles ”.
  • (3) In sections 15(7), 18(4), 21(2), 24(2) and 27(6) (which impose duties to send a copy of a court order to the registrar of companies), for “an office copy” substitute “ a copy ”.
74
  • (1) Part 3 of the Insolvency Act 1986 (receivership) is amended as follows.
  • (2) For section 28 (extent of Chapter 1) substitute—

(28) (1) In this Chapter “company” means a company registered under the Companies Act 2006 in England and Wales or Scotland. (2) This Chapter does not apply to receivers appointed under Chapter 2 of this Part (Scotland).

  • (3) In section 29(1) (definitions: references to receiver or manager), in paragraphs (a) and (b) omit “the Companies Act or”.
  • (4) In section 43 (power to dispose of charged property), in subsection (5) (duty to send copy of court order to registrar of companies) for “An office copy” substitute “ A copy ”.
  • (5) In section 51(1) (power to appoint receiver under law of Scotland), for “a company within the meaning of the Companies Act” substitute “ a company registered under the Companies Act 2006 ”.
  • (6) In section 61(6) (disposal of interest in property: copy of authorisation to be sent to registrar of companies), omit“certified by the clerk of the court”.
  • (7) In section 70(1) (interpretation for Chapter 2)—
  • (a) in the definition of “company” for “a company within the meaning of the Companies Act” substitute “ a company registered under the Companies Act 2006 ”;
  • (b) in the definition of “register of charges” for “Chapter II of Part XII of the Companies Act” substitute “ Chapter 2 of Part 25 of the Companies Act 2006 ”.
75
  • (1) Part 4 of the Insolvency Act 1986 (winding up of registered companies) is amended as follows.
  • (2) For section 73 (alternative modes of winding up), and the heading preceding it, substitute—

(73) (1) This Part applies to the winding up of a company registered under the Companies Act 2006 in England and Wales or Scotland. (2) The winding up may be either— (a) voluntary (see Chapters 2 to 5), or (b) by the court (see Chapter 6). (3) This Chapter and Chapters 7 to 10 relate to winding up generally, except where otherwise stated.

  • (3) In section 74(2) (liability as contributories of present and past members)—
  • (a) in paragraph (c), omit “in pursuance of the Companies Act and this Act”;
  • (b) in paragraph (e), for “the Companies Act” substitute “ the Companies Acts ”.
  • (4) Omit section 75 (directors etc with unlimited liability).
  • (5) In section 76 (liability of past directors and shareholders)—
  • (a) in subsection (1)(a) for the words from “Chapter VII of Part V” to “own shares)” substitute “ Chapter 5 of Part 18 of the Companies Act 2006 (acquisition by limited company of its own shares: redemption or purchase by private company out of capital) ”;
  • (b) in subsection (2)(b) for “section 173(3) of the Companies Act” substitute “ section 714(1) to (3) of the Companies Act 2006 ”;
  • (c) in subsection (5) for “Sections 74 and 75 do not apply” substitute “ Section 74 does not apply ”;
  • (d) omit subsection (6).
  • (6) In section 77 (limited company formerly unlimited)—
  • (a) in subsection (1) for the words from “re-registered” to the end substitute “ re-registered as a limited company. ”;
  • (b) in subsection (3) omit“under the Companies Act and this Act”.
  • (7) In section 78(1) (unlimited company formerly limited), omit the words from “under section 49” to the end.
  • (8) In section 79 (meaning of “contributory”)—
  • (a) in subsection (1) omit“and the Companies Act”;
  • (b) in subsection (3), omit the second sentence.
  • (9) In section 80 (nature of contributory's liability), for “a specialty” substitute “ an ordinary contract debt ”.
  • (10) In section 83 (companies registered under Companies Act, Part XXIII, Chapter II)—
  • (a) for the heading substitute “ Companies registered but not formed under the Companies Act 2006 ”;
  • (b) in subsection (1) for the words from “has been registered” to the end substitute “ is registered but not formed under the Companies Act 2006. ”.
  • (11) In section 110(1)(a) (acceptance of shares etc as consideration for sale of company property), for “company within the meaning of the Companies Act” substitute “ company registered under the Companies Act 2006 ”.
  • (12) In section 122(1)(c) (grounds for winding up: old public company), for “the Consequential Provisions Act” substitute “ Schedule 3 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 ”.
  • (13) In section 124(3) (application for winding up), omit the second sentence.
  • (14) In section 126(2) (power to stay or restrain proceedings against company), for the words from “a company registered” to “previous corresponding legislation” substitute “ a company registered but not formed under the Companies Act 2006 ”.
  • (15) In section 130(3) (consequences of winding-up order), for “registered under section 680 of the Companies Act” substitute “ registered but not formed under the Companies Act 2006 ”.
  • (16) In sections 148(1) and 149(1) (provisions as to powers of the court), omit“in pursuance of the Companies Act or this Act”.
  • (17) In section 159 (powers of court to be cumulative), for the words from “by this Act” to “on the court” substitute “ on the court by this Act ”.
  • (18) In section 160(1) (delegation of powers to liquidator), omit“by the Companies Act and this Act”.
  • (19) In section 162(5) (appeals from orders in Scotland), for “the Companies Act” substitute “ the Companies Acts ”.
  • (20) In section 187(2)(c) (power to make over assets to employees), for “memorandum or articles” substitute “ articles ”.
  • (21) In section 193(3) (unclaimed dividends: Scotland), for “the Companies Act” substitute “ the Companies Acts ”.
  • (22) In section 195(3) (meeting to ascertain wishes of creditors or contributories), omit “by the Companies Act or the articles”.
  • (23) In section 196(b) (judicial notice of court documents), for “the Companies Act” substitute “ the Companies Acts ”.
  • (24) In sections 218(5) and 219(1) (prosecution of delinquent officers and members of company), for “the Companies Act” substitute “ the Companies Act 1985 ”.
76
  • (1) Part 5 of the Insolvency Act 1986 (winding up of unregistered companies) is amended as follows.
  • (2) For section 220 (meaning of “unregistered company”) substitute—

(220) For the purposes of this Part “unregistered company” includes any association and any company, with the exception of a company registered under the Companies Act 2006 in any part of the United Kingdom.

  • (3) In section 221(1) (winding up of unregistered companies), omit “and the Companies Act”.
  • (4) In section 225 (oversea company may be wound up though dissolved), in the heading, for “Oversea company” substitute “ Company incorporated outside Great Britain ”.
  • (5) In section 226 (contributories in winding up of unregistered company), omit subsection (4) (which is unnecessary).
  • (6) In section 229 (provisions of Part 5 to be cumulative)—
  • (a) in subsection (1) for “companies formed and registered under the Companies Act” substitute “ companies registered under the Companies Act 2006 in England and Wales or Scotland ”;
  • (b) omit subsection (2).
77
  • (1) In Part 7 of the Insolvency Act 1986 (interpretation for First Group of Parts), section 251 (expressions used generally) is amended as follows.
  • (2) At the appropriate places insert—

agent” does not include a person's counsel acting as such;

“books and papers” and “books or papers” includes accounts, deeds, writing and documents;

the court”, in relation to a company, means a court having jurisdiction to wind up the company;

document” includes summons, notice, order and other legal process, and registers;

the Gazette” means— 1. as respects companies registered in England and Wales, the London Gazette; 2. as respects companies registered in Scotland, the Edinburgh Gazette;

officer”, in relation to a body corporate, includes a director, manager or secretary;

  • (3) Omit the definition of “office copy”.
  • (4) Omit the words from “Any expression” to the end.
78
  • (1) Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended as follows.
  • (2) In section 388(4) (meaning of “act as insolvency practitioner”), for the definition of “company” substitute—

company” means— 1. a company registered under the Companies Act 2006 in England and Wales or Scotland, or 2. a company that may be wound up under Part 5 of this Act (unregistered companies).

  • (3) In section 389A(3) (acting as insolvency practitioner: persons disqualified from acting as nominee or supervisor), for paragraph (b) substitute—

(b) he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002,

  • (4) In section 390(4) (persons not qualified to act as insolvency practitioners), for paragraph (b) substitute—

(b) he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002,

79

In Part 15 of the Insolvency Act 1986 (subordinate legislation), in section 411(2)(a) (company insolvency rules), for “the Companies Act” substitute “ the Companies Act 1985 ”.

80

In Part 17 of the Insolvency Act 1986 (miscellaneous and general provisions), in Schedule 10 (punishment of offences under the Act), in the entries relating to sections 43(6) and 201(4) and paragraph 20(9) of Schedule A1, for “office copy” substitute “ copy ”.

81

In Part 17A of the Insolvency Act 1986 (supplementary provisions), after section 434C insert—

(434D) (1) This section applies where a company has made default in complying with any obligation under this Act— (a) to deliver a document to the registrar, or (b) to give notice to the registrar of any matter. (2) The registrar, or any member or creditor of the company, may give notice to the company requiring it to comply with the obligation. (3) If the company fails to make good the default within 14 days after service of the notice, the registrar, or any member or creditor of the company, may apply to the court for an order directing the company, and any specified officer of it, to make good the default within a specified time. (4) The court's order may provide that all costs (in Scotland, expenses) of or incidental to the application are to be borne by the company or by any officers of it responsible for the default. (5) This section does not affect the operation of any enactment imposing penalties on a company or its officers in respect of any such default. (434E) The provisions of this Act requiring documents to be forwarded or delivered to, or filed with, the registrar of companies apply in relation to an overseas company that is required to register particulars under section 1046 of the Companies Act 2006 as they apply in relation to a company registered under that Act in England and Wales or Scotland.

82
  • (1) Part 18 of the Insolvency Act 1986 (interpretation) is amended as follows.
  • (2) In section 435(5)(b) (meaning of “associate”), omit “(within the meaning of the Companies Act)”.
  • (3) In section 436 of the Insolvency Act 1986 (expressions used generally)—
  • (a) make the existing provision subsection (1);
  • (b) after the definition of “associate” insert—

body corporate” includes a body incorporated outside Great Britain, but does not include— 1. a corporation sole, or 2. a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed;

  • (c) omit the definition of “the Companies Act”;
  • (d) after the definition of “EEA state” insert—

“employees' share scheme” means a scheme for encouraging or facilitating the holding of shares in or debentures of a company by or for the benefit of— 1. the bona fide employees or former employees of— 1. the company, 2. any subsidiary of the company, or 3. the company's holding company or any subsidiary of the company's holding company, or 2. the spouses, civil partners, surviving spouses, surviving civil partners, or minor children or step-children of such employees or former employees.

  • (e) after the existing provision insert—

(2) The following expressions have the same meaning in this Act as in the Companies Acts— - “articles”, in relation to a company (see section 18 of the Companies Act 2006); - “debenture” (see section 738 of that Act); - “holding company” (see sections 1159 and 1160 of, and Schedule 6 to, that Act); - “the Joint Stock Companies Acts” (see section 1171 of that Act); - “overseas company” (see section 1044 of that Act); - “paid up” (see section 583 of that Act); - “private company” and “public company” (see section 4 of that Act); - “registrar of companies” (see section 1060 of that Act); - “share” (see section 540 of that Act); - “subsidiary” (see sections 1159 and 1160 of, and Schedule 6 to, that Act).

83

In Part 19 of the Insolvency Act 1986 (final provisions), in section 437 and Schedule 11 (transitional provisions and savings), for “the Companies Act” (wherever occurring) substitute “ the Companies Act 1985 ”.

84

Nothing in the amendments of the Insolvency Act 1986 made by this Schedule is to be read as qualifying the generality of section 441(2) of that Act (which provides that, with certain exceptions, nothing in the Act extends to Northern Ireland or applies to or in relation to companies registered or incorporated in Northern Ireland).

Company Directors Disqualification Act 1986 (c. 46)

85
  • (1) The Company Directors Disqualification Act 1986 is amended as follows.
  • (2) In section 3 (disqualification for persistent breaches of companies legislation)—
  • (a) in subsection (3)(b) (default orders)—
  • (i) in sub-paragraph (ii) for “section 713 of the Companies Act 1985 (enforcement of company's duty to make returns)” substitute “ section 1113 of that Act (enforcement of company's filing obligations) ”;
  • (ii) in sub-paragraph (iii) after “the Insolvency Act” insert “ 1986 ”;
  • (b) after subsection (4) insert—

(4A) In this section “the companies legislation” means the Companies Acts and Parts 1 to 7 of the Insolvency Act 1986 (company insolvency and winding up).

  • (3) In section 5 (disqualification on summary conviction), after subsection (4) insert—

(4A) In this section “the companies legislation” means the Companies Acts and Parts 1 to 7 of the Insolvency Act 1986 (company insolvency and winding up).

  • (4) In section 8(1A) (disqualification after investigation: meaning of “investigative material”), for paragraph (a) substitute—

(a) a report made by inspectors under— (i) section 437 of the Companies Act 1985, or (ii) section 167, 168, 169 or 284 of the Financial Services and Markets Act 2000; and

; (but see section 22D(2)).

  • (5) In section 9 (matters for determining unfitness of directors), omit subsection (3).
  • (6) In the following provisions after “the Insolvency Act” insert “ 1986 ”
  • (a) sections 10(1), 12(2) , 20(1) and (3)(a)(i), 21(1) and (2) (and the section heading) and 22(3);
  • (b) paragraphs 3, 8(a), 9 and 10 of Schedule 1.
  • (7) In section 11 (undischarged bankrupts), after subsection (3) add—

(4) In this section “company” includes a company incorporated outside Great Britain that has an established place of business in Great Britain.

  • (8) In section 12A (Northern Ireland disqualification orders), for “Part II of the Companies (Northern Ireland) Order 1989” substitute “ the Company Directors Disqualification (Northern Ireland) Order 2002 ”.
  • (9) In section 15 (personal liability for company's debts where person acts while disqualified)—
  • (a) in subsection (1), for paragraph (b) substitute—

(b) as a person who is involved in the management of the company, he acts or is willing to act on instructions given without the leave of the court by a person whom he knows at that time— (i) to be the subject of a disqualification order made or disqualification undertaking accepted under this Act or under the Company Directors Disqualification (Northern Ireland) Order 2002, or (ii) to be an undischarged bankrupt.

  • (b) for subsection (5) substitute—

(5) For the purposes of this section a person who, as a person involved in the management of a company, has at any time acted on instructions given without the leave of the court by a person whom he knew at that time— (a) to be the subject of a disqualification order made or disqualification undertaking accepted under this Act or under the Company Directors Disqualification (Northern Ireland) Order 2002, or (b) to be an undischarged bankrupt, is presumed, unless the contrary is shown, to have been willing at any time thereafter to act on any instructions given by that person.

  • (10) In section 18 (register of disqualification orders and undertakings)—
  • (a) in subsection (2), omit the words from “which was set up” to the end;
  • (b) in subsection (4A), omit “made under Part II of the Companies (Northern Ireland) Order 1989”.
  • (11) In section 22 (interpretation)—
  • (a) for subsection (2) substitute—

(2) “Company” means— (a) a company registered under the Companies Act 2006 in Great Britain, or (b) a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies).

  • (b) for subsection (6) substitute—

(6) “Body corporate” and “officer” have the same meaning as in the Companies Acts (see section 1173(1) of the Companies Act 2006).

  • (c) for subsection (7) substitute—

(7) “The Companies Acts” has the meaning given by section 2(1) of the Companies Act 2006.

  • (d) for subsection (8) substitute—

(8) Any reference to provisions, or a particular provision, of the Companies Acts or the Insolvency Act 1986 includes the corresponding provisions or provision of corresponding earlier legislation.

  • (e) in subsection (9) after “the Companies Acts” insert “ (see section 1174 of, and Schedule 8 to, the Companies Act 2006) ”.
  • (12) In sections 22A(4) , 22B(4) and 22C(3) for “the Insolvency Act, the Companies Act 1985 or the Companies Act 2006” substitute “ the Companies Act 2006 or the Insolvency Act 1986 ”.
  • (13) After section 22C insert—

(22D) (1) This Act applies to open-ended investment companies with the following modifications. (2) In section 8(1) (disqualification after investigation), the reference to investigative material shall be read as including a report made by inspectors under regulations made by virtue of section 262(2)(k) of the Financial Services and Markets Act 2000. (3) In the application of Part 1 of Schedule 1 (matters for determining unfitness of directors: matters applicable in all cases) in relation to a director of an open-ended investment company, a reference to a provision of the Companies Act 2006 is to be taken to be a reference to the corresponding provision of the Open-Ended Investment Companies Regulations 2001 or of rules made under regulation 6 of those Regulations. (4) In this section “open-ended investment company” has the meaning given by section 236 of the Financial Services and Markets Act 2000.

  • (14) Schedule 1 (matters for determining unfitness of directors) is amended as follows—
  • (a) in paragraph 1 (breach of duty), at the end insert “ , including in particular any breach by the director of a duty under Chapter 2 of Part 10 of the Companies Act 2006 (general duties of directors) owed to the company ”;
  • (b) for paragraphs 4 and 4A of that Schedule (extent of responsibility for failure by company to comply with certain provisions) substitute—

(4) The extent of the director's responsibility for any failure by the company to comply with any of the following provisions of the Companies Act 2006— (a) section 113 (register of members); (b) section 114 (register to be kept available for inspection); (c) section 162 (register of directors); (d) section 165 (register of directors' residential addresses); (e) section 167 (duty to notify registrar of changes: directors); (f) section 275 (register of secretaries); (g) section 276 (duty to notify registrar of changes: secretaries); (h) section 386 (duty to keep accounting records); (i) section 388 (where and for how long accounting records to be kept); (j) section 854 (duty to make annual returns); (k) section 860 (duty to register charges); (l) section 878 (duty to register charges: companies registered in Scotland).

  • (c) omit paragraph 5A (application of Part 1 of Schedule to directors of open-ended investment companies) (but see section 22D(3)).
  • (15) In paragraph 7 of Schedule 2 (savings for earlier transitional provisions), for “the Companies Act” substitute “ the Companies Act 1985 ”.
  • (16) In paragraph 1 of Schedule 3 (transitional provisions and savings)—
  • (a) for “the Companies Act” substitute “ the Companies Act 1985 ”, and
  • (b) for “the Insolvency Act” substitute “ the Insolvency Act 1986 ”.

Dockyard Services Act 1986 (c. 52)

86

In section 1(13) of the Dockyard Services Act 1986 (transfer of persons engaged in dockyard services)—

  • (a) for the definition of “company” and “formed” substitute—

company” means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company, includes the alteration of the company's articles so as to add, remove or alter a statement of the company's objects;

  • (b) omit the definition of “the Companies Acts”.

Building Societies Act 1986 (c. 53)

87
  • (1) The Building Societies Act 1986 is amended as follows.
  • (2) In section 54 (disclosure of information), omit subsection (2).
  • (3) In section 65(10) (restrictions on loans to directors etc: definitions), in the definition of “subsidiary”, for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.
  • (4) In section 70(4) (interpretation for Part 7: whether director “associated” with body corporate), in paragraph (a) for “the Companies Act 1985” substitute “ the Companies Acts (see section 548 of the Companies Act 2006) ”.
  • (5) In section 97(12) (transfer of business to commercial company: definitions), in the definition of “company” for “within the meaning of the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.
  • (6) In section 102(2)(a) (transfer regulations: provision for transition to regulation under companies legislation), for “the Companies Act 1985 or, as regards Northern Ireland, the Companies (Northern Ireland) Order 1986” substitute “ the Companies Acts ”.
  • (7) In section 104A(1) (registration of charges: application of company law) , for paragraphs (a) and (b) substitute “ Part 25 of the Companies Act 2006 (company charges) ”.
  • (8) In section 107(10) (restriction on use of certain names and descriptions: application to companies and business names)—
  • (a) in paragraph (a), for “the registrar under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “ the registrar of companies under the Companies Act 2006 ”;
  • (b) for paragraphs (b) and (c) substitute—

(b) approval by the Secretary of State of words or expressions for inclusion in a business name under section 1194 of the Companies Act 2006,

  • (c) in the closing words—
  • (i) for “, the Secretary of State or the Department” substitute “ or the Secretary of State ”, and
  • (ii) for “description” substitute “ expressions ”.
  • (9) In section 110(4) (officers and auditors: application of provisions for relief from liability), for the words from the beginning to “empower the court” substitute “ Section 1157 of the Companies Act 2006 (power of court ”.
  • (10) In section 119(1) (interpretation), at the appropriate place insert—

the Companies Acts” has the meaning given by section 2(1) of the Companies Act 2006;

  • (11) In Schedule 15 (application of companies winding up legislation)—

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