Office of Public Sector Information
Article 2(1)
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”.
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”.
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)(10));
(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”.
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”.
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”.
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”.
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”.
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.”.
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”.
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”.
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”.
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”.
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”.
14.—(1) The Industrial and Provident Societies Act 1965 is amended as follows.
(2) In section 1(2)(b) (conditions of registration: special reasons making registration as company not appropriate), for “the Companies Act 1985” substitute “the Companies Acts”.
(3) In section 7E(1)(b) (invalidity of certain transactions), omit “or a company with whom such a member is associated”.
(4) In section 7F (interpretation of section 7E)—
(a) omit subsection (2);
(b) in subsection (3)—
(i) for “Section 346(2) to (8) of the Companies Act 1985” substitute “Sections 252 to 255 of the Companies Act 2006”, and
(ii) omit “or to a committee member’s being “associated with” a company”.
(5) In section 39(4) (annual return), for “section 55(b)” substitute “section 55(1)(b)”.
(6) In section 52(2) (conversion into, amalgamation with or transfer of engagements to company)—
(a) for “the Companies Act 1985” substitute “the Companies Acts”, and
(b) for “signed and attested under the said Act of 1985” substitute “authenticated under the Companies Acts”.
(7) In section 53 (conversion of company into registered society)—
(a) in subsection (2) after “together with the secretary” insert “(or if the company has no secretary, a director)”;
(b) in subsection (4)—
(i) omit “under the seal of the company”, and
(ii) for “to the office of the registrar of companies within the meaning of the Companies Act 1985” substitute “to the registrar of companies”;
(c) in subsection (6) omit “aforesaid”.
(8) For section 55 (dissolution of registered society) substitute—
55.—(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 the case of companies registered under the Companies Acts, or
(b) in accordance with section 58 of this Act, 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 relating to the winding up of companies registered under the Companies Acts have effect in relation to a registered society as if the society were such a company, subject to the following modifications—
(a) any reference to the registrar of companies shall be read as a reference to the Authority;
(b) any reference to a company registered in Scotland shall be read as a reference to a society registered under this Act whose registered office is situated in Scotland;
(c) if the society is wound up in Scotland, the court having jurisdiction is the sheriff court within whose jurisdiction the society’s registered office is situated.
(3) A copy of any resolution passed for the voluntary winding up of a registered society must be sent by the society to the Authority within 15 days after it is passed.
For the purposes of section 62 of this Act (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 59 of this Act (restriction on dissolution or cancellation of registration).”.
(9) In section 57 (winding up), for “section 55(a)” substitute “section 55(1)(a)”.
(10) In section 58(1) (instrument of dissolution), for “section 55(b)” substitute “section 55(1)(b)”.
(11) In section 74(1) (interpretation), for the definition of “Companies Acts” substitute—
““the Companies Acts” means the Companies Acts as defined in section 2(1) of the Companies Act 2006 or any law for the like purposes in force in any of the Channel Islands and includes corresponding earlier Acts or laws;”.
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”.
16. In section 3(2)(c) of the Industrial and Provident Societies Act 1967 (application to registered societies of provisions relating to floating charges), for “Chapter II of Part XII of the Act of 1985” substitute “Chapter 2 of Part 25 of the Companies Act 2006”.
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”.
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”.
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).”.
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”.
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”.
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.”.
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”.
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”.
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.”.
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”.
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);”.
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)”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
36.—(1) The Aircraft and Shipbuilding Industries Act 1977 is amended as follows.
(2) In section 9(1) (control by Corporations of subsidiaries), for “memorandum or articles of association” substitute “articles of association”.
(3) In section 56(1) (interpretation)—
(a) in the definition of “equity share capital”, for “section 736 of the Companies Act 1985 or, in the case of a company incorporated in Northern Ireland, Article 2(3) of the Companies (Northern Ireland) Order 1986” substitute “section 548 of the Companies Act 2006”;
(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”.
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”.
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”.
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”.
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)”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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 | 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”.
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”.
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”.
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”.
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”.
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”.
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).”.
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”.
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”.
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).”.
Section 8A is inserted, with effect from 1st October 2009, by the Legislative Reform (Limited Partnerships) Order 2009 (S.I. 2009/[ ]). Back [10]
The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009