Statutory Instrument 1995 No. 1013

The Contracting Out (Functions in relation to the Registration of Companies) Order 1995

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© Crown Copyright 1995

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1995 No. 1013

CONTRACTING OUT

The Contracting Out (Functions in relation to the Registration of Companies) Order 1995

Whereas the Secretary of State pursuant to section 69(3) of the Deregulation and Contracting Out Act 1994^[1] has consulted the registrar of companies for England and Wales and the registrar of companies for Scotland,

And whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament under section 77(2) of that Act,

Now therefore the Secretary of State, in exercise of the powers conferred on him by section 69 of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and Commencement
    1.—(1)  This Order may be cited as the Contracting Out (Functions in relation to the Registration of Companies) Order 1995.

    (2)  Save as provided in paragraph (3) below, this Order shall come into force on the day after the day on which it is made.

    (3)  This Order shall come into force in relation to any functions conferred by or under sections 652A to F of the Companies Act 1985^[2] (striking off register of non-trading private companies) immediately after those sections come into force.

Interpretation
    2.—(1)  In this Order—

"the Act" means the Companies Act 1985;


"the Regulations" mean the European Economic Interest Grouping Regulations 1989^[3]; and


"EEIG" means a European Economic Interest Grouping as defined in regulation 2(1) of the Regulations.

    (2)  Any expression used in the Act, if used in this Order, bears the same meaning as it bears in the Act unless the context otherwise requires.

Contracting out of functions of the registrar in relation to England and Wales
    3.    Any function of the registrar of companies for England and Wales which is listed in Schedule 1 to this Order may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the registrar of companies for England and Wales.

Contracting out of functions of the registrar in relation to Scotland
    4.—(1)  Subject to paragraph (2) below, any function of the registrar of companies for Scotland which is conferred by or under any enactment may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the registrar of companies for Scotland.

    (2)  Paragraph (1) above does not apply to the functions listed in Schedule 2 to this Order.

Contracting out of functions of the Secretary of State
    5.    Any function of the Secretary of State which is listed in Schedule 3 to this Order may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.

Jonathan Evans

Parliamentary Under-Secretary of State for Corporate Affairs Department of Trade and Industry

4th April 1995

[1] 1994 c. 40. back

[2] 1985 c. 6; sections 652A to F are prospectively inserted by section 13(1) of, and paragraphs 1 and 2 of Schedule 5 to, the Deregulation and Contracting Out Act 1994. back

[3] S.I. 1989/638. back

Explanatory Note