Vote Bundle Text (950120-05)

Amendments proposed to the Serious Organised Crime and Police Bill - continued	House of Commons

back to previous text

Names and addresses of members of companies: company application

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC19

To move the following Clause:—

Names and addresses of members of companies: individual application

Company members confidentiality orders

(1) Subject to the provisions of this section, a company may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.

(2) That condition is that the company considers that the availability for inspection by members of the public of particulars of the names and usual residential or business addresses of the members of the company creates, or (if an order is not made under this section) is likely to create, a serious risk that a member of the company or a person who lives with or is an employee of a member of the company will be subjected to violence or intimidation ("a serious risk").

(3) Where, on an application made by a company under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of that company's members' usual residential addresses creates or (if an order is not made under this section) is likely to create a serious risk that a member, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section ("a company members confidentiality order") in relation the company.

(4) Otherwise, he shall dismiss the application.

(5) At any time when a company members confidentiality order is in force in relation to a company, the name and address of any individual in the register of members of the company that is the subject of the confidentiality order, shall not be disclosed to any person who may request either the company or Companies House disclosure of such names and addresses save in prescribed circumstances.

(6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed.

(7) The Secretary of State may at any time revoke a company members confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.

Addresses of chargees or mortgagees of companies

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC20

To move the following Clause:—

'The following section is inserted after section 723CB of the Companies Act 1985 as inserted by section [Names and addresses of members of companies: company application]—

Chargee confidentiality orders

(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.

(2) That condition is that the individual—

(a)	is or proposes to become a chargee or mortgagee of a relevant company; and

(b)

consideres that the availability for inspection by members of the public of particulars of his or its name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his or it will be subjected to violence or intimidation ('the serious risk').

(4) Otherwise, he shall dismiss the application.

(5) Where a chargee confidentiality order is made under subsection (3) above the name and residential or business address of the chargee or mortgagee of the company that is the subject of the confidentiality order shall not be revealed to any person who may request either the company or Companies House access to such name and address save in prescribed circumstances.

(7) The Secretary of State may at any time revoke a chargee confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.

Confidentiality orders: associated companies

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC21

To move the following Clause:—

'The following sections is inserted after section 723CC of the Companies Act 1985 as inserted by section [Addresses of chargees or mortgagees of companies]—

Confidentiality orders: associated companies

(1) Where a relevant confidentiality order is made in relation to a relevant company and the Secretary of State is satisfied that in relation to another company ('company A') the condition in subsection (2) below applies, he shall extend the operation of the order to that other company or make a further relevant confidentiality order (including a confidentiality order of a different kind) in relation to that other company, as the case may be.

(2) The conditition is that the availability for inspection or disclosure by members of the public of the particulars of the appropriate individual's usual residential or business address in a document relating to company A which is, by virtue of this Act required to be available for such inspection or disclosure, creates (or if an order is not extended or made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subject to violence or intimidation.

(4) The Secretary of State shall give the applicant notice of his decision under subsection (1); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed.

(5) The Secretary of State may at any time revoke a decision or a relevant confidentiality order made under this section if he is satisfied that such conditions as may be prescribed are satisfied.".'.

Director's confidentiality orders: directors etc.

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC22

To move the following Clause:—

'(1) In section 723C(1) of the Companies Act 1985 (effect of confidentiality orders), the words "that were contained in a document delivered to the registrar after the order came into force" are replaced by "that are contained in a document delivered to the registrar at any time".

(2) In section 723D(3)(b) of that Act (construction of sections 723B and 723C) the words "after the order came into force" are replaced by "at any time".

(3) In section 723B(3), (7), (8)(d), (9), section 723C(1), (6)(a), (7)(a) and 723D(4) of that Act and in the headings to the said sections 723B and 723C, the words "confidentiality order" and "confidentiality orders" are replaced by "director's confidentiality order" and "director's confidentiality orders" as the case may be.".'.

Confidentiality orders: miscellaneous

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC23

To move the following Clause:—

'(1) The following amendments are made to the Companies Act 1985.

(2) In section 709(1) (Inspection, etc of records kept by the registrar), "section 723B" is replaced by "sections 723B, 723CA, 723CB, 723CC and 723CD".

(3) In section 356, (inspection of register of members), after subsection (6), the following subsection is inserted—

(4) In section 408, (right to inspect instruments which create charges, etc), after subsection (4), the following subsection is inserted—

(5) In section 723C(4) (effect of confidentiality order), "confidentiality order" is replaced by "relevant confidentiality order".

(6) In section 723D (construction of sections 723B and 723C)—

(a)	In subsection (1), "section 723B" is replaced by "sections 723B, 723CA, 723CB, 723CC and 723CD",

(b)	In subsection (4)—

(i)	"section 723B and 723C" is replaced by "sections 723B, 723C, 723CA, 723CB, 723CC and 723CD",

(ii)	the following definition is inserted in the appropriate place—

"'relevant confidentiality order' means a director's confidentiality order, individual member's confidentiality order, company members' confidentiality order or chargee's confidentiality order;"

(c)	Subsection (6) is omitted.

(7) In section 723E(1) (offences), "section 723B" is replaced by "sections 723B, 723D, 723E, 723F or 723G".'.

Economic damage to companies

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC26

To move the following Clause:—

'(1) A person ("person A") commits an offence under this section if by acting in accordance with subsection (2) he causes financial damage to another person ("person B"), with the purpose of representing to person B, or persuading person B—

(i)	that he should not do something that he is legally entitled to do; or

(ii)	that he should do something that he is not under any legal obligation to do.

(2) A person acts in accordance with this subsection if those actions—

(a)	involve the harassment of or violence against person B or a connected person, or

(b)	involve damage to property of person B or a connected person.

(3) A connected person, for the purposes of subsection (2) above, means—

(a)	a customer of person B;

(b)	a shareholder of person B;

(c)	an employee of person B;

(d)	a director of person B;

(e)	where person B is a partnership, its partners;

(f)	a supplier of goods or services to person B;

(g)	a supplier of goods or services to persons within paragraph (f) above;

(h)	an individual normally residing with any individual falling within paragraphs (a) to (g) above.

(4) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence within subsection (1) above.

(5) A person guilty of an offence under this section shall be liable—

(a)	on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'.