House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

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39

, continued

Matthew Hancock

Jo Swinson

Agreed to  129

Schedule  3,  page  171,  line  17,  after “a” insert “registrable”

Matthew Hancock

Jo Swinson

Agreed to  130

Schedule  3,  page  171,  line  26,  after second “a” insert “registrable”

Matthew Hancock

Jo Swinson

Agreed to  131

Schedule  3,  page  171,  line  31,  leave out “relevant” and insert “registrable relevant”

Matthew Hancock

Jo Swinson

Agreed to  132

Schedule  3,  page  171,  line  33,  at end insert—

“5A
In section 120 (information as to state of register and index), in subsection (1),

for “there were no” substitute “whether there are”.”

Matthew Hancock

Jo Swinson

Agreed to  133

Schedule  3,  page  172,  line  4,  at end insert—

“7A(1)
Section 1126 (consents required for certain prosecutions) is amended as

follows.

      (2)
In subsection (1), at the end insert—

“section 1112 of this Act (general false statement offence);

paragraph 5 or 6 of Schedule 1B to this Act (breach of certain restrictions

imposed under that Schedule)”.

      (3)
In subsection (2)(a)—

(a)
omit the “or” at the end of sub-paragraph (ii), and

(b)
after sub-paragraph (iii) insert “or

(iv)
section 1112 of this Act,”.

      (4)
In subsection (2)(b), after “section 798 of” insert “, or paragraph 5 or 6 of

Schedule 1B to,”.

      (5)
In subsection (3)(a)—

(a)
omit the “or” at the end of sub-paragraph (ii), and

(b)
after sub-paragraph (iii) insert “or

(iv)
section 1112 of this Act,”.

      (6)
In subsection (3)(b), after “section 798 of” insert “, or paragraph 5 or 6 of

Schedule 1B to,”.”

Matthew Hancock

Jo Swinson

Agreed to  134

Schedule  3,  page  172,  line  16,  at end insert—

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40

, continued

““registrable relevant legal entity (in Part
section 790C(9A)”,”

21A)

Schedule, as amended, Agreed to.

Clauses 71 to 73 Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  135

Schedule  4,  page  178,  line  36,  leave out “1144” and insert “1143”

Matthew Hancock

Jo Swinson

Agreed to  136

Schedule  4,  page  178,  line  38,  at end insert—

“Company filings: language requirements

14A
Sections 1103, 1104 and 1107 of the Companies Act 2006 (language

requirements) apply to all documents required to be delivered to the registrar

under this Part of this Schedule.”

Matthew Hancock

Jo Swinson

Agreed to  137

Schedule  4,  page  179,  line  21,  at end insert—

“( )
section 1129 (legal professional privilege);

( )
section 1132 (production and inspection of documents).”

Matthew Hancock

Jo Swinson

Agreed to  138

Schedule  4,  page  179,  line  26,  at end insert—

““Companies Acts” has the same meaning as in the Companies Act 2006

(see section 2 of that Act);”

Matthew Hancock

Jo Swinson

Agreed to  139

Schedule  4,  page  179,  line  33,  leave out “Act 2006” and insert “Acts”

Matthew Hancock

Jo Swinson

Agreed to  140

Schedule  4,  page  179,  line  34,  leave out “that Act” and insert “those Acts”

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41

, continued

Matthew Hancock

Jo Swinson

Agreed to  141

Schedule  4,  page  179,  line  34,  at end insert—

“Transitory provision

19A(1)
Until section 82 (option to keep information on central register) comes into

force, this Schedule has effect as if, in each of paragraphs 1(3) and 6(5),

paragraph (b) (and the “or” preceding it) were omitted.

      (2)
Until section 85 (contents of statements of capital) comes into force, paragraph

7(3) of this Schedule has effect as if—

(a)
paragraph (c) were omitted, and

(b)
after paragraph (d) there were inserted “, and

(e)
the amount paid up and the amount (if any) unpaid

on each share (whether on account of the nominal

value of the share or by way of premium).””

Matthew Hancock

Jo Swinson

Agreed to  142

Schedule  4,  page  180,  line  14,  after “Schedule)” insert—

“(g)
the cancellation of a share warrant issued by the company and of the

shares specified in it pursuant to section 1028A(2) or 1032A(2)

(cancellation of share warrants on restoration of a company).”

Matthew Hancock

Jo Swinson

Agreed to  143

Schedule  4,  page  181,  line  40,  at end insert—

    “(2)
Until section 85 (contents of statements of capital) comes into force, the

section 1028A inserted by sub-paragraph (1) has effect as if in subsection (6)—

(a)
paragraph (c) were omitted, and

(b)
after paragraph (d) there were inserted “, and

(e)
the amount paid up and the amount (if any) unpaid

on each share (whether on account of the nominal

value of the share or by way of premium).”

      (3)
Until section 82 (option to keep information on central register) comes into

force, the section 1028A inserted by sub-paragraph (1) has effect as if, in

subsection (7), paragraph (b) (and the “or” preceding it) were omitted.”

Matthew Hancock

Jo Swinson

Agreed to  144

Schedule  4,  page  183,  line  15,  at end insert—

    “(2)
Until section 85 (contents of statements of capital) comes into force, the

section 1032A inserted by sub-paragraph (1) has effect as if in subsection (7)—

(a)
paragraph (c) were omitted, and

(b)
after paragraph (d) there were inserted “, and

(e)
the amount paid up and the amount (if any) unpaid

on each share (whether on account of the nominal

value of the share or by way of premium).”

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42

, continued

      (3)
Until section 82 (option to keep information on central register) comes into

force, the section 1032A inserted by sub-paragraph (1) has effect as if, in

subsection (8), paragraph (b) (and the “or” preceding it) were omitted.”

Schedule, as amended, Agreed to.

Clauses 74 and 75 Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  145

Clause  76,  page  49,  line  21,  at end insert—

“( )
Provision made by virtue of subsection (2) may in particular include provision

that an appointment may be made only with the approval of a regulatory body

specified in the regulations.”

Clause, as amended, Agreed to.

Clause 78 Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  146

Clause  79,  page  51,  line  10,  at end insert—

“( )
In section 251 of the Insolvency Act 1986 (expressions used generally), in the

definition of “shadow director”, for the words from “(but” to the end substitute “,

but so that a person is not deemed a shadow director by reason only that the

directors act—

(a)
on advice given by that person in a professional capacity;

(b)
in accordance with instructions, a direction, guidance or advice given by

that person in the exercise of a function conferred by or under an

enactment (within the meaning given by section 1293 of the Companies

Act 2006);

(c)
in accordance with guidance or advice given by that person in that

person’s capacity as a Minister of the Crown (within the meaning of the

Ministers of the Crown Act 1975)”.

( )
In section 22(5) of the Company Directors Disqualification Act 1986 (definition

of “shadow director”) for the words from “(but” to the end substitute “, but so that

a person is not deemed a shadow director by reason only that the directors act—

(a)
on advice given by that person in a professional capacity;

(b)
in accordance with instructions, a direction, guidance or advice given by

that person in the exercise of a function conferred by or under an

enactment;

(c)
in accordance with guidance or advice given by that person in that

person’s capacity as a Minister of the Crown (within the meaning of the

Ministers of the Crown Act 1975)”.”

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43

, continued

Matthew Hancock

Jo Swinson

Agreed to  147

Clause  79,  page  51,  line  14,  leave out “or a direction” and insert “, a direction,

guidance or advice”

Matthew Hancock

Jo Swinson

Agreed to  148

Clause  79,  page  51,  line  17,  leave out “issued” and insert “given”

Matthew Hancock

Jo Swinson

Agreed to  149

Clause  79,  page  51,  line  19,  at end insert—

“( )
In section 1293 of the Companies Act 2006 (meaning of “enactment”) after

paragraph (a) insert—

“(aa)
an enactment contained in, or in an instrument made under, a

Measure or Act of the National Assembly for Wales,”.”

Clause, as amended, Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  25

Clause  80,  page  52,  leave out line 13 and insert—

“(5)
For the purposes of this Part, each of the following is a review period—”

Matthew Hancock

Jo Swinson

Agreed to  26

Clause  80,  page  52,  leave out lines 16 to 18 and insert—

“(b)
each period of 12 months beginning with the day after the end of the

previous review period.

(5A)
But where a company delivers a confirmation statement with a confirmation date

which is earlier than the last day of the review period concerned, the next review

period is the period of 12 months beginning with the day after the confirmation

date.”

Mr Iain Wright

Ian Murray

Toby Perkins

Withdrawn  197

Clause  80,  page  57,  line  38,  leave out subsection (2) and insert—

“(2)
A person guilty of an offence under subsection (1) is liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

two years or a fine (or both); and

(b)
on summary conviction—

(i)
in England and Wales, to imprisonment for a term not exceeding

12 months or a fine (or both);

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44

, continued

(ii)
in Scotland, to imprisonment for a term not exceeding 12 months

or to a fine not exceeding the statutory maximum (or both);

(iii)
in Northern Ireland, to imprisonment for a term not exceeding six

months or to a fine not exceeding the statutory maximum (or

both).”

Clause, as amended, Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  27

Clause  81,  page  59,  line  10,  after “(5)” insert “and (5A)”

Clause, as amended, Agreed to.

Clause 82 Agreed to.

Schedule 5 Agreed to.

Clauses 83 to 85 Agreed to.

Schedule 6 Agreed to.

Clauses 86 to 91 Agreed to.

[Adjourned until Tuesday 4 November at 8.55 am



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