Office of Public Sector Information

Water Industry Act 1991 (c. 56)

126.—(1) The Water Industry Act 1991 is amended as follows.

(2) In section 155(6) (undertaker’s powers in relation to land: compulsory purchase), for “memorandum and articles” substitute “articles”.

(3) In section 219(1) (general interpretation), for the definition of “limited company” substitute—

““limited company” means a company (as defined in section 1(1) of the Companies Act 2006) that—

(4) In Part 1 of Schedule 3 (special administration orders: modifications of the Insolvency Act 1986), in paragraph 4(b) for “memorandum or articles of association” substitute “articles of association”.

Statutory Water Companies Act 1991 (c. 58)

127.—(1) The Statutory Water Companies Act 1991 is amended as follows.

(2) In section 9(3) (arrangements and reconstructions: meaning of “company”), for “within the meaning of the 1985 Act” substitute “as defined in section 1(1) of the Companies Act 2006”.

(3) In section 10(1) (power to appoint officers as directors)—

(a) for “a memorandum and articles” substitute “articles”, and

(b) for “such memorandum and articles” substitute “such articles”.

(4) In section 11 (registration of statutory water companies)—

(a) in the heading, for “the Companies Act 1985” substitute “the Companies Act 2006”;

(b) in subsection (1), for “Chapter II of Part XXII of the 1985 Act” substitute “Chapter 1 of Part 33 of the Companies Act 2006”;

(c) for subsection (2), substitute—

“(2) It is hereby declared that nothing in that Chapter (or regulations made under it), or in the Water Act 1989, the Water Industry Act 1991 or this Act, is to be construed as requiring a statutory water company registered under section 1040 of the Companies Act 2006 to be treated for any purpose as if it had been a different person in law before its registration.”.

(5) In section 12 (adoption of memorandum and articles)—

(a) in the heading, for “memorandum and articles” substitute “articles of association”;

(b) in subsection (1)—

(i) in paragraph (a)(i) for the words “having effect in accordance with paragraph 5 of Schedule 21 to the 1985 Act (enactments to have effect as if contained in memorandum and articles)” substitute “having effect in accordance with regulations made under section 1042 of the Companies Act 2006 as if contained in the company’s articles”;

(ii) in paragraphs (b) and (c) for “a memorandum and articles” substitute “articles of association”;

(iii) in the closing words for “memorandum and articles” substitute “articles”;

(c) in subsection (2)(b)(ii) for “memorandum and articles” substitute “articles”;

(d) in subsection (5)—

(i) in paragraphs (a), (b) and (c) for “memorandum and articles”, wherever occurring, substitute “articles”;

(ii) in paragraph (b) for “section 14 and the other provisions of the 1985 Act” substitute “section 33 and the other provisions of the Companies Act 2006”;

(e) for subsection (6) substitute—

“(6) Subsections (3) and (4) of section 26 of the Companies Act 2006 (penalty for default in delivering copy of articles to registrar) apply in relation to the obligation imposed by subsection (5)(c) above as in relation to the obligation imposed by subsection (1) of that section.”;

(f) in subsection (8) in the definition of “registrar of companies” for “has the same meaning as in the 1985 Act” substitute “means the registrar of companies for England and Wales”.

(6) In section 13 (review by High Court of resolution substituting memorandum and articles)—

(a) in the heading for “memorandum and articles” substitute “articles of association”;

(b) in subsection (1) for “a memorandum and articles” substitute “articles of association”;

(c) in subsection (3)(b)(ii) for “section 681 of the 1985 Act (procedural requirements for registration)” substitute “the procedural requirements for registration laid down by regulations under section 1042 of the Companies Act 2006”;

(d) in subsection (4)(a) and (d) for “memorandum and articles” substitute “articles”;

(e) in subsection (5) for “a memorandum and articles” substitute “articles of association”;

(f) omit subsection (6);

(g) in subsection (7) for “the 1985 Act” substitute “the Companies Acts (see section 738 of the Companies Act 2006)”.

(7) In section 15 (general interpretation)—

(a) in subsection (1), omit the definitions of “the 1985 Act” and “memorandum and articles”;

(b) in subsection (2), for “certificate under section 688 of the 1985 Act” substitute “certificate of registration under Chapter 1 of Part 33 of the Companies Act 2006 or corresponding earlier provision”.

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

128.  In Article 41(2A)(c) of the Child Support (Northern Ireland) Order 1991 (jurisdiction), for “registered under the Companies (Northern Ireland) Order 1986 or under the Companies Act 1985 in England and Wales or in Scotland” substitute “registered under the Companies Act 2006”.

Social Security Administration Act 1992 (c. 5)

129.  In section 115B(9) of the Social Security Administration Act 1992 (civil penalties: interpretation)—

(a) in paragraph (a) of the definition of “director”, for “within the meaning of the Companies Act 1985” substitute “as defined in section 1(1) 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”.

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

130.—(1) Section 109B(9) of the Social Security Administration (Northern Ireland) Act 1992 (penalty as alternative to prosecution: colluding employers etc) is amended as follows.

(2) In paragraph (a) of the definition of “director”, 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 the definition of “subsidiary”, for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “section 1159 of the Companies Act 2006”.

Further and Higher Education Act 1992 (c. 13)

131.  In section 31 of the Further and Higher Education Act 1992 (designated institutions conducted by companies) in subsections (3)(a) and (4) for “memorandum or articles of association” substitute “articles of association”.

Further and Higher Education (Scotland) Act 1992 (c. 37)

132.  In section 12(2) of the Further and Higher Education (Scotland) Act 1992 (powers of college board of management), in paragraph (i) (formation and promotion of companies) for “(within the meaning of the Companies Act 1985)” substitute “under the Companies Act 2006”.

Friendly Societies Act 1992 (c. 40)

133.—(1) The Friendly Societies Act 1992 is amended as follows.

(2) In section 66(11) (inspections and special meetings: meaning of “the corresponding Companies Act limit”), omit “or Article 424(4) of the Companies (Northern Ireland) Order 1986”.

(3) In section 75 (auditors’ rights to information etc), for subsection (6) substitute—

“(6) Where a subsidiary of a friendly society is a company (as defined in section 1(1) of the Companies Act 2006), the subsidiary and its auditors must give to the auditors of the friendly society such information and explanations as they may reasonably require for the purposes of their duties as auditors of the society.”.

(4) In section 86(1) (transfer of engagements), for paragraph (c) substitute—

“(c) to a company registered under the Companies Act 2006;”.

(5) In section 91 (conversion of friendly society into company)—

(a) in subsection (1), for “the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006”;

(b) for subsection (4) substitute—

“(4) Where—

(a) a special resolution of the society contains the particulars required by subsection (1) of section 8 of the Companies Act 2006 to be contained in the memorandum of association of a company, and

(b) a copy of the resolution has been registered by the Authority,

a copy of that resolution under the seal and stamp of the Authority has the same effect as a memorandum of association duly authenticated as required by subsection (2) of that section.”.

(6) In section 106(4) (officers and auditors not to be exempted from liability)—

(a) for “Section 727 of the Companies Act 1985 or Article 675 of the Companies (Northern Ireland) Order 1986” substitute “Section 1157 of the Companies Act 2006”; and

(b) omit “each of”.

(7) In Schedule 10 (application of companies winding up legislation to incorporated friendly societies)—

(a) in paragraph 2 for “the Companies Act 1985 or (as the case may be) the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006”;

(b) in paragraph 68—

(i) for sub-paragraph (1) substitute—

“(1) Sections 1012 to 1023 and 1034 of the Companies Act 2006 (property of dissolved company) apply in relation to the property of a dissolved incorporated friendly society (whether dissolved under section 20 or following its winding up) as they apply in relation to the property of a dissolved company.”;

(ii) for sub-paragraphs (3) and (4) substitute—

“(3) Any reference in those sections to restoration to the register shall be read as a reference to the effect of an order under section 25 of this Act.”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

134.—(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 10(3)(a) (quasi-corporate status of trade unions: prohibition of registration under Companies Act), for “the Companies Act 1985” substitute “the Companies Act 2006”.

(3) In section 117 (special register bodies)—

(a) in subsection (1) for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(b) in subsection (3)(a)(ii) for “the Companies Act 1985” substitute “the Companies Act 2006”;

(c) in subsection (4)—

(i) for “the Companies Act 1985” substitute “the Companies Act 2006”, and

(ii) for “Chapter V of Part XI of that Act or Chapter 2 of Part 16 of the Companies Act 2006” substitute “Chapter 2 of Part 16 of that Act”.

(4) In section 131(2) (employers’ associations: application of provisions relating to auditors)—

(a) for “the Companies Act 1985” substitute “the Companies Act 2006”, and

(b) for “the Companies Act 2006” substitute “that Act”.

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

135.—(1) The Electricity (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 73(4)(b) (initial government holding: shares of successor company to be treated as if fully paid up in cash), for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Acts (as defined in section 2(1) of the Companies Act 2006)”.

(3) In Article 79(3) (temporary restrictions on borrowing), in the definition of “subsidiary”, for “Article 4 of the Companies (Northern Ireland) Order 1986” substitute “section 1159 of the Companies Act 2006”.

(4) In paragraph 1(1) of Schedule 11 (pensions: interpretation), in the definition of “wholly-owned subsidiary” for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Acts (see section 1159 of the Companies Act 2006)”.

Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))

136.—(1) The Industrial Relations (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 2(2) (interpretation), omit the definition of “the Companies Order”.

(3) In Article 3(3) (definition and status of trade union)—

(a) for “the Companies Order” substitute “the Companies Act 2006”;

(b) for “that Order” substitute “that Act”.

(4) In Article 7(4) (property of trade unions etc), for “section 770 of the Companies Act 2006 or Article 368 of the Companies Order” substitute “section 126 or 770 of the Companies Act 2006”.

(5) In Article 11(9) (duties as to annual returns, auditors and members’ superannuation schemes)—

(a) for “within the meaning of the Companies Order” substitute “(as defined in section 1(1) of the Companies Act 2006)”;

(b) in paragraph (b), omit “Chapter V of Part XII of that Order or”.

Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (S.I. 1992/810 (N.I. 6))

137.  In Article 18 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (interpretation)—

(a) in the definition of “associated body”, omit “(within the meaning of the Companies (Northern Ireland) Order 1986),”;

(b) at the appropriate place insert—

““holding company” and “subsidiary” have the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006);”.

Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15))

138.—(1) The Housing (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 3 (housing associations: interpretation), for the definition of “company” substitute—

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

(3) In Article 23(9)(c) and (11) (inquiries into affairs of registered housing associations), for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Acts (see section 1159 of the Companies Act 2006)”.

(4) In Article 27 (winding up of registered housing associations), for “section 64(a)” substitute “section 64(1)(a)”.

(5) In Article 28(1) (transfer of net assets on winding up), for “paragraph (a) or (b)” substitute “subsection (1)(a) or (b)”.

(6) In Article 29 (restrictions on exercise of certain powers of registered housing associations)—

(a) in paragraph (3) for “the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006”;

(b) for paragraph (4) substitute—

“(4) If, in pursuance of section 64(1)(a) of the 1969 Act, a registered housing association resolves by special resolution that it be wound up voluntarily under the Insolvency (Northern Ireland) Order 1989, the resolution has no effect unless—

(a) before the resolution was passed the Department gave its consent to its passing, and

(b) a copy of the consent is forwarded to the registrar together with a copy of the resolution required to be so forwarded in accordance with section 64(3) of the 1969 Act.”;

(c) in paragraph (5), for “section 64(b)” substitute “section 64(1)(b)”.

Charities Act 1993 (c. 10)

139.—(1) The Charities Act 1993 is amended as follows.

(2) In section 6 (power of Commission to require a charity to change its name), omit subsection (7).

(3) In section 7(3) (effect of direction under s.6 where charity is a company: duty of registrar of companies), in paragraph (a) for “, subject to section 26 of the Companies Act 1985 (prohibition on registration of certain names),” substitute “, if satisfied that the new name complies with the requirements of Part 5 of the Companies Act 2006,”.

(4) In section 63 (winding up etc of charitable company), for subsections (3) and (4) substitute—

“(3) The Commission may make an application under section 1029 of the Companies Act 2006 (application to court for restoration to the register of companies) to restore a charitable company to the register of companies.”.

(5) In section 64 (alteration of objects clause)—

(a) in the heading, omit “clause”;

(b) in subsection (2A) (regulated alterations)—

(i) for paragraph (a) substitute—

“(a) an amendment of the company’s articles of association adding, removing or altering a statement of the company’s objects,”;

(ii) in paragraphs (b) and (c), for “memorandum or articles of association” substitute “articles of association”;

(c) for subsections (3) and (4) substitute—

“(3) Where a company that has made a regulated alteration in accordance with subsection (2) is required—

(a) by section 26 of the Companies Act 2006 to send to the registrar of companies a copy of its articles as amended,

(b) by section 30 of that Act to forward to the registrar a copy of the special resolution effecting the alteration, or

(c) by section 31 of that Act to give notice to the registrar of the amendment,

the copy or notice must be accompanied by a copy of the Commission’s consent.

(3A) If more than one of those provisions applies and they are complied with at different times, the company need not send a further copy of the Commission’s consent if a copy was sent on an earlier occasion.

(4) Section 30(2) to (4) of that Act (offence of failing to comply with section 30) apply in relation to a failure to comply with subsection (3) above as in relation to a failure to comply with that section.”.

(6) Omit section 65 (invalidity of certain transactions).

(7) In section 69D (CIOs: offences connected with name and status: interpretation), in subsection (1B) for “subsection (2)” substitute “subsection “(1A)”.

(8) In section 72 (persons disqualified for being trustee of a charity)—

(a) in subsection (1) (grounds for disqualification), in paragraph (f) for the words from “subject to” to “2002” substitute “subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002”;

(b) in subsection (3), for paragraph (aa) substitute—

“(aa) in the case of a person subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002, leave has been granted by the High Court in Northern Ireland for him to act as director of the charity,”.

(9) In section 97(1) (general interpretation), for the definition of “company” substitute—

““company” means a company registered under the Companies Act 2006 in England and Wales or Scotland;”.

(10) In the Table in Schedule 1C (appeals and applications to Charity Tribunal)—

(a) in the entry relating to decisions under section 64(2), 65(4) or 66(1), in the first column omit “, 65(4)”;

(b) after the last entry add—

(11) In paragraph 4 of Schedule 5B (nature of debt owed under constitution of CIO), for “a specialty debt” substitute “an ordinary contract debt”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

140.—(1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

(2) In section 4A (constitution of RTE company), in subsection (1)(b) for “memorandum of association states” substitute “articles of association state”.

(3) In section 4C (RTE companies: regulations)—

(a) in subsection (1) for “memorandum of association and articles of association” substitute “articles of association”;

(b) in subsections (2) and (4) for “memorandum or articles” substitute “articles”;

(c) in subsection (5)—

(i) in the opening words, for “a memorandum or articles” substitute “articles”, and

(ii) in paragraph (a), for “the memorandum or articles” substitute “the articles”;

(d) for subsection (6) substitute—

“(6) Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a RTE company.”.

(4) In section 5(6) (qualifying tenants: meaning of “associated company”), for “section 736 of the Companies Act 1985” substitute “section 1159 of the Companies Act 2006”.

(5) In section 12A(3)(a) and (b) and (4)(a) and (c) (notice inviting participation), for “memorandum of association and articles of association” substitute “articles of association”.

(6) In section 29(4A)(d) (deemed withdrawal of notice of exercise of enfranchisement if RTE company struck off register), for “section 652 or 652A of the Companies Act 1985” substitute “section 1000, 1001 or 1003 of the Companies Act 2006”.

Criminal Justice Act 1993 (c. 36)

141.  In Part 5 of the Criminal Justice Act 1993 (insider dealing), after section 61 insert—

“Summary proceedings: venue and time limit for proceedings

61A.—(1) Summary proceedings for an offence of insider dealing may (without prejudice to any jurisdiction exercisable apart from this subsection) be brought against an individual at any place at which the individual is for the time being.

(2) An information relating to an offence of insider dealing that is triable by a magistrates’ court in England and Wales may be so tried if it is laid—

(a) at any time within three years after the commission of the offence, and

(b) within twelve months after the date on which evidence sufficient in the opinion of the Director of Public Prosecutions or the Secretary of State (as the case may be) to justify the proceedings comes to that person’s knowledge.

(3) Summary proceedings in Scotland for an offence of insider dealing—

(a) must not be commenced after the expiration of three years from the commission of the offence;

(b) subject to that, may be commenced at any time—

(i) within twelve months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to that person’s knowledge, or

(ii) where such evidence was reported to the Lord Advocate by the Secretary of State, within twelve months after the date on which it came to the knowledge of the latter.

Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of this subsection as for the purposes of that section.

(4) A magistrates’ court in Northern Ireland has jurisdiction to hear and determine a complaint charging the commission of a summary offence of insider dealing provided that the complaint is made—

(a) within three years from the time when the offence was committed, and

(b) within twelve months from the date on which evidence sufficient in the opinion of the Director of Public Prosecutions for Northern Ireland or the Secretary of State (as the case may be) to justify the proceedings comes to that person’s knowledge.

(5) For the purposes of this section a certificate of the Director of Public Prosecutions, the Lord Advocate, the Director of Public Prosecutions for Northern Ireland or the Secretary of State (as the case may be) as to the date on which such evidence as is referred to above came to that person’s notice is conclusive evidence.”.

National Lottery etc Act 1993 (c. 39)

142.  In section 27(3) of the National Lottery etc Act 1993 (power to prohibit distribution of lottery funds to associated companies)—

(a) in paragraph (a) (meaning of “company”)—

(i) for “the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006”, and

(ii) for “the provisions of that Act or Order” substitute “any provisions of the Companies Acts (as defined in section 2(1) of that Act)”;

(b) in paragraph (b) (meaning of “wholly-owned subsidiary”), for “section 736 of that Act or Article 4 of that Order” substitute “section 1159 of that Act”.

Railways Act 1993 (c. 43)

143.—(1) The Railways Act 1993 is amended as follows.

(2) In section 25 (public sector operators not to be franchisees), for subsection (2) substitute—

“(2) Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.”.

(3) In section 59(7) (meaning and effect of railway administration order), for the definition of “the court” substitute—

““the court”, in relation to a protected railway company, means the court—

(4) In section 65 (interpretation of railway administration order provisions), for subsection (1) substitute—

“(1) In the railway administration order provisions of this Act—

“company” means—

“unregistered company” means a company that is not registered under that Act.”.

(5) In section 114(1) (Secretary of State etc not to be regarded as shadow director of certain railway companies)—

(a) for “the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “the Companies Acts (as defined in section 2(1) of the Companies Act 2006)”;

(b) for “that Act or Order” substitute “those Acts (see section 251 of that Act)”.

(6) In section 151(1) (general interpretation)—

(a) in the definition of “body corporate” for “section 740 of the Companies Act 1985” substitute “section 1173(1) of the Companies Act 2006”;

(b) in the definitions of “subsidiary” and “wholly owned subsidiary” for “section 736 of the Companies Act 1985” substitute “section 1159 of the Companies Act 2006”.

(7) In Part 1 of Schedule 6 (railway administration orders: modifications of Insolvency Act 1986)—

(a) in paragraph 1(b) for “is an unregistered company” substitute “is not a company registered under the Companies Act 2006 in England and Wales or Scotland”;

(b) in paragraph 4(b) for “memorandum or articles of association” substitute “articles of association”;

(c) in paragraphs 7(4) and 8, for paragraphs (a) and (b) substitute—

“(a) where the company—

(i) is registered under the Companies Act 2006, or

(ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Office of Rail Regulation, the appropriate national authority and the registrar of companies”; and

(b) where paragraph (a) above does not apply, the words “to the Office of Rail Regulation and the appropriate national authority”.”;

(d) in paragraph 9, in the substituted subsection (2A), for paragraph (e) substitute—

“(e) where the company—

(i) is registered under the Companies Act 2006, or

(ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the registrar of companies.”;

(e) in paragraph 10(5), in the substituted subsection (6)—

(i) for “an office copy” substitute “a copy”;

(ii) for paragraph (c) substitute—

“(c) where the company—

(i) is registered under the Companies Act 2006, or

(ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

to the registrar of companies.”.

Pension Schemes Act 1993 (c. 48)

144.—(1) The Pension Schemes Act 1993 is amended as follows.

(2) In section 127(2)(a) (transfer to Secretary of State of rights and remedies: preferential debts), for “the Companies Act 2006” substitute “the Companies Acts (as defined in section 2(1) of the Companies Act 2006)”.

(3) In section 149(6) (procedure on investigation by Pensions Ombudsman: disclosure of information), omit paragraph (j).

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

145.—(1) The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

(2) In section 123(2)(b) (transfer to Department of rights and remedies: preferential debts), after “made under that order)” insert “or any provision of the Companies Acts (as defined in section 2(1) of the Companies Act 2006)”.

(3) In section 145(6) (procedure on investigation: disclosure of information)(14), omit paragraph (h).

(4) In paragraph 4(1) of Schedule 3 (priority in bankruptcy etc: meaning of “relevant date”), for “Article 205(3) of the Companies (Northern Ireland) Order 1986” substitute “Section 754(3) of the Companies Act 2006”.

Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12))

146.  In Article 19 of the Education and Libraries (Northern Ireland) Order 1993 (interpretation of Part 3)—

(a) in the definition of “associated body”, omit “(within the meaning of the Companies (Northern Ireland) Order 1986),”;

(b) at the appropriate place insert—

““holding company” and “subsidiary” have the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006);”.

Coal Industry Act 1994 (c. 21)

147.—(1) The Coal Industry Act 1994 is amended as follows.

(2) In section 36 (insolvency of licensed operators)—

(a) in subsection (5) for “section 651(1) or 653(2) of the Companies Act 1985 (application to cancel the dissolution of a company)” substitute “section 1029 of the Companies Act 2006 (application to court for restoration to the register)”;

(b) omit subsection (6);

(c) in subsection (7) in the definition of “registrar of companies” for “the Companies Act 1985” substitute “the Companies Acts (see section 1060 of the Companies Act 2006)”.

(3) In section 65(1) (interpretation)—

(a) in the definition of “company” for “has the same meaning as in the Companies Act 1985” substitute “has the meaning given by section 1(1) of 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”.

(4) In Schedule 3 (financial structure of successor companies), in paragraph 2(4)(b) (shares to be treated as fully paid up) for “the Companies Act 1985” substitute “the Companies Act 2006”.

Deregulation and Contracting Out Act 1994 (c. 40)

148.—(1) Part 2 of the Deregulation and Contracting Out Act 1994 (contracting out) is amended as follows.

(2) In section 74(4) (powers of certain office-holders), for paragraph (a) substitute—

“(a) the registrar of companies for England and Wales, Scotland or Northern Ireland;”.

(3) In section 79(1) (interpretation of Part 2), in the definition of “office-holder”, for paragraph (c) substitute—

“(c) the registrar of companies for England and Wales, Scotland or Northern Ireland; and”.

(4) In paragraph 1 of Schedule 16 (amendments to facilitate contracting out: filing of documents under Newspaper Libel and Registration Act 1881(15) and Limited Partnerships Act 1907(16))—

(a) in sub-paragraph (1) for “the registrar of companies” substitute “the registrar”;

(b) for sub-paragraph (3) substitute—

“(3) In this paragraph “the registrar” has the same meaning as in the Newspaper Libel and Registration Act 1881 or the Limited Partnerships Act 1907 (as the case may be).”.

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

149.—(1) The Airports (Northern Ireland) Order 1994 is amended as follows.

(2) In Article 2(2) (interpretation)—

(a) omit the definition of “the Companies Order”;

(b) for the definition of “subsidiary” substitute—

““subsidiary” has the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006).”.

(3) In Article 32(4)(b)(iii) (discretionary conditions), for “the Companies Order” substitute “the Companies Acts: see section 548 of the Companies Act 2006”.

(4) In Article 51(1)(a) (the successor company), for “, within the meaning of the Companies Order” substitute “(within the meaning of section 3 of the Companies Act 2006)”.

(5) In Article 57(4)(b) (initial government holding in successor company: shares to be treated as fully paid up in cash), for “the Companies Order” substitute “the Companies Acts (as defined in section 2(1) of the Companies Act 2006)”.