4 Extent of the proposal's application
11. The proposal applies to England and Wales. Recommendations
contained in the Law Commission report which would affect the
United Kingdom as a whole were omitted from the proposed Order
on the basis that the Order was largely concerned with reforms
affecting only England and Wales and the Government wished to
preserve its specific focus on these matters.[8]
The laws determining the execution regimes for deeds and other
documents in Scotland and Northern Ireland are specific to those
jurisdictions and are largely within the devolved competence of
the Scottish Parliament and Northern Ireland Assembly. In response
to a question we put to it, the Department indicated that it did
not believe its proposals would have the effect of bringing about
a convergence in law and practice between the respective United
Kingdom jurisdictions.[9]
8 In addition to those recommendations adopted as part
of the current RRO proposal, the Law Commission had recommended
an amendment to the powers of liquidators under the Insolvency
Act 1986 (which applies across the UK) to establish that the power
of a liquidator to execute a deed or document in the name of or
on behalf of a company is quite separate from the power to use
the company's seal. The Department states that this reform has
been omitted in order to preserve the territorial application
of the proposed order to England and Wales alone. Scotland and
Northern Ireland have their own legislative provisions to govern
the execution of deeds and documents, including specific provisions
within the Companies Act 1985. Back
9
Appendix B, Question 4 Back
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