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S.C.A.
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| '(c) | the grounds for his belief that entry onto the company's premises will and that remaining thereon for a period will be necessary to materially assist him in the exercise of his functions under this Part,'. |
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
21
Clause 21, page 27, line 8, at end add—'(2) After section 453B of that Act insert—
"453C Entry into residential premises
(1) A justice of the peace may issue a warrant under section 453A(3A) if satisfied on information on oath given by or on behalf of the inspector or investigator authorised under section 453A(3A) that there are reasonable grounds for believing that access to any premises falling within section 453A(3A) will materially assist the inspector or investigator in the exercise of his functions under this Part.
(2) A warrant under section 453A(3A) may authorise the inspector or investigator, accompanied by a constable and any persons thought appropriate under section 453A(4) and any other constables—
| (a) | to enter the premises, and |
| (b) | to remain there for such period as the inspector or investigator thinks necessary, or for such period as the warrant may provide, for the purpose mentioned in subsection 453A(1)(b). |
(3) A warrant may be issued under section 453A(3A) subject to conditions.
(4) Sections 448(5) and 448(9) shall apply to the issue of a warrant under section 453A(3A) as they apply to the issue of a warrant under section 448(1).".'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
22
Clause 22, page 27, line 10, leave out '453B' and insert '453C'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
23
Clause 22, page 27, line 12, leave out '453C' and insert '453D'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
34
Schedule 2, page 55, line 31, at end insert—
| '(d) | any person accompanying an inspector or investigator pursuant to section 453A(3A).'. |
Brian Cotter
Mr Michael Moore
41
Clause 24, page 28, line 16, at end add—
| '(c) | a charity may become a community interest company.'. |
Brian Cotter
Mr Michael Moore
42
Clause 24, page 28, line 17, leave out subsection 3.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
35
Clause 24, page 28, leave out lines 17 to 18 and insert—'(3) Notwithstanding the purposes for which a community interest company is established it—'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
36
Clause 26, page 29, line 19, at end insert 'or a serious procedural error or other material irregularity.'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
37
Clause 34, page 33, line 35, at end add—'(11) The Secretary of State shall establish a fund to support the cost of organisations setting up and registering as community interest companies.'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
40
Clause 39, page 36, line 42, after 'appears' insert 'on reasonable grounds'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
38
Schedule 7, page 70, line 14, after 'may', insert 'if it appears reasonably necessary for the purposes of the investigation'.
Mr Andrew Mitchell
Mr Peter Atkinson
Mrs Gillian Shephard
Mr Ian Taylor
39
Schedule 7, page 70, line 19, at end insert—'(1A) The investigator of a community interest company must give reasons in writing for any requirement imposed under sub-paragraph (1) above, such reasons to be given to the company or other person to whom the requirement is directed.'.
Jacqui Smith
2
Schedule 8 , page 72, line 21, column 2, at end insert—
| 'In section 310, in subsection (1) the words "any officer of the company or", and in subsection (3) the words "officer or" (in both places) and the words from "section 144(3)" to "nominee) or".'. |
Jacqui Smith
1
Clause 65, page 50, line 18, leave out subsection (2).
REMAINING NEW CLAUSES
Funding of director's expenditure on defending proceedings
Jacqui Smith
NC2
To move the following Clause:—'After section 337 of the Companies Act 1985 (c.6) insert—
"337A Funding of director's expenditure on defending proceedings
(1) A company is not prohibited by section 330 from doing anything to provide a director with funds to meet expenditure incurred or to be incurred by him—
| (a) | in defending any criminal or civil proceedings, or |
| (b) | in connection with any application under any of the provisions mentioned in subsection (2). |
(2) The provisions are—
section 144(3) and (4) (acquisition of shares by innocent nominee), and
section 727 (general power to grant relief in case of honest and reasonable conduct).
(3) Nor does section 330 prohibit a company from doing anything to enable a director to avoid incurring such expenditure.
(4) Subsections (1) and (3) only apply to a loan or other thing done as mentioned in those subsections if the terms on which it is made or done will result in the loan falling to be repaid, or any liability of the company under any transaction connected with the thing in question falling to be discharged, not later than—
| (a) | in the event of the director being convicted in the proceedings, the date when the conviction becomes final, |
| (b) | in the event of judgment being given against him in the proceedings, the date when the judgment becomes final, or |
| (c) | in the event of the court refusing to grant him relief on the application, the date when the refusal of relief becomes final. |
(5) For the purposes of subsection (4) a conviction, judgment or refusal of relief becomes final—
| (a) | if not appealed against, at the end of the period for bringing an appeal, or |
| (b) | if appealed against, at the time when the appeal (or any further appeal) is disposed of. |
(6) An appeal is disposed of—
| (a) | if it is determined and the period for bringing any further appeal has ended, or |
| (b) | if it is abandoned or otherwise ceases to have effect.".'. |
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