|
| |
| |
be subject to annulment in pursuance of a resolution of either House of |
| |
| |
1254 | Regulations and orders: affirmative resolution procedure |
| |
| Where regulations or orders under this Act are subject to “affirmative |
| |
resolution procedure” the regulations or order must not be made unless a draft |
| 5 |
of the statutory instrument containing them has been laid before Parliament |
| |
and approved by a resolution of each House of Parliament. |
| |
1255 | Regulations and orders: approval after being made |
| |
(1) | Regulations or orders under this Act that are subject to “approval after being |
| |
| 10 |
(a) | must be laid before Parliament after being made, and |
| |
(b) | cease to have effect at the end of 28 days beginning with the day on |
| |
which they were made unless during that period they are approved by |
| |
resolution of each House. |
| |
(2) | In reckoning the period of 28 days no account shall be taken of any time during |
| 15 |
which Parliament is dissolved or prorogued or during which both Houses are |
| |
adjourned for more than four days. |
| |
(3) | The regulations or order ceasing to have effect does not affect— |
| |
(a) | anything previously done under them or it, or |
| |
(b) | the making of new regulations or a new order. |
| 20 |
1256 | Regulations and orders: supplementary |
| |
(1) | Regulations or orders under this Act may— |
| |
(a) | make different provision for different cases or circumstances, |
| |
(b) | include supplementary, incidental and consequential provision, and |
| |
(c) | make transitional provision and savings. |
| 25 |
(2) | Any provision that may be made by regulations under this Act may be made |
| |
by order; and any provision that may be made by order under this Act may be |
| |
| |
(3) | Any provision that may be made by regulations or order under this Act for |
| |
which no Parliamentary procedure is prescribed may be made by regulations |
| 30 |
or order subject to negative or affirmative resolution procedure. |
| |
(4) | Any provision that may be made by regulations or order under this Act subject |
| |
to negative resolution procedure may be made by regulations or order subject |
| |
to affirmative resolution procedure. |
| |
| 35 |
1257 | Meaning of “enactment” |
| |
| In this Act, unless the context otherwise requires, “enactment” includes— |
| |
(a) | an enactment contained in subordinate legislation within the meaning |
| |
of the Interpretation Act 1978 (c. 30), |
| |
| |
| |
|
| |
| |
(b) | an enactment contained in, or in an instrument made under, an Act of |
| |
the Scottish Parliament, and |
| |
(c) | an enactment contained in, or in an instrument made under, Northern |
| |
Ireland legislation within the meaning of the Interpretation Act 1978 |
| |
| 5 |
Consequential and transitional provisions |
| |
1258 | Power to make consequential amendments etc |
| |
(1) | The Secretary of State or the Treasury may by order make such provision |
| |
amending, repealing or revoking any enactment to which this section applies |
| |
as they consider necessary or expedient in consequence of any provision made |
| 10 |
| |
(2) | This section applies to— |
| |
(a) | any enactment passed or made before the passing of this Act, |
| |
(b) | any enactment contained in this Act or in subordinate legislation made |
| |
| 15 |
(c) | any enactment passed or made before the end of the session after that |
| |
in which this Act is passed. |
| |
(3) | Without prejudice to the generality of the power conferred by subsection (1), |
| |
orders under this section may— |
| |
(a) | make provision extending to other forms of organisation any provision |
| 20 |
made by or under this Act in relation to companies, or |
| |
(b) | make provision corresponding to that made by or under this Act in |
| |
| |
| in either case with such adaptations or other modifications as appear to the |
| |
Secretary of State or the Treasury to be necessary or expedient. |
| 25 |
(4) | The references in subsection (3) to provision made by this Act include |
| |
provision conferring power to make provision by regulations, orders or other |
| |
| |
(5) | Amendments and repeals made under this section are additional, and without |
| |
prejudice, to those made by or under any other provision of this Act. |
| 30 |
(6) | Orders under this section are subject to affirmative resolution procedure. |
| |
| |
| The enactments specified in Schedule 16, which include enactments that are no |
| |
longer of practical utility, are repealed to the extent specified. |
| |
1260 | Power to make transitional provision and savings |
| 35 |
(1) | The Secretary of State or the Treasury may by order make such transitional |
| |
provision and savings as they consider necessary or expedient in connection |
| |
with the commencement of any provision made by or under this Act. |
| |
(2) | An order may, in particular, make such adaptations of provisions brought into |
| |
force as appear to be necessary or expedient in consequence of other provisions |
| 40 |
of this Act not yet having come into force. |
| |
| |
| |
|
| |
| |
(3) | Transitional provision and savings made under this section are additional, and |
| |
without prejudice, to those made by or under any other provision of this Act. |
| |
(4) | Orders under this section are subject to negative resolution procedure. |
| |
1261 | Continuity of the law |
| |
(1) | This section applies where any provision of this Act re-enacts (with or without |
| 5 |
modification) an enactment repealed by this Act. |
| |
(2) | The repeal and re-enactment does not affect the continuity of the law. |
| |
(3) | Anything done (including subordinate legislation made), or having effect as if |
| |
done, under or for the purposes of the repealed provision that could have been |
| |
done under or for the purposes of the corresponding provision of this Act, if in |
| 10 |
force or effective immediately before the commencement of that corresponding |
| |
provision, has effect thereafter as if done under or for the purposes of that |
| |
| |
(4) | Any reference (express or implied) in this Act or any other enactment, |
| |
instrument or document to a provision of this Act shall be construed (so far as |
| 15 |
the context permits) as including, as respects times, circumstances or purposes |
| |
in relation to which the corresponding repealed provision had effect, a |
| |
reference to that corresponding provision. |
| |
(5) | Any reference (express or implied) in any enactment, instrument or document |
| |
to a repealed provision shall be construed (so far as the context permits), as |
| 20 |
respects times, circumstances and purposes in relation to which the |
| |
corresponding provision of this Act has effect, as being or (according to the |
| |
context) including a reference to the corresponding provision of this Act. |
| |
(6) | This section has effect subject to any specific transitional provision or saving |
| |
| 25 |
(7) | References in this section to this Act include subordinate legislation made |
| |
| |
(8) | In this section “subordinate legislation” has the same meaning as in the |
| |
Interpretation Act 1978 (c. 30). |
| |
| 30 |
| |
| |
| The short title of this Act is the Companies Act 2006. |
| |
| |
| Except as otherwise provided (or the context otherwise requires), the |
| 35 |
provisions of this Act extend to the whole of the United Kingdom. |
| |
| |
(1) | The following provisions come into force on the day this Act is passed— |
| |
| |
| |
|
| |
| |
(a) | Part 43 (transparency obligations and related matters), except the |
| |
amendment in paragraph 11(2) of Schedule 15 of the definition of |
| |
“regulated market” in Part 6 of the Financial Services and Markets Act |
| |
| |
(b) | in Part 44 (miscellaneous provisions)— |
| 5 |
section 1238 (bodies concerned with actuarial standards), and |
| |
section 1240 (application of provisions in Scotland and Northern |
| |
| |
(c) | Part 46 (general supplementary provisions), except section 1259 and |
| |
Schedule 16 (repeals), and |
| 10 |
| |
(2) | The other provisions of this Act come into force on such day as may be |
| |
appointed by order of the Secretary of State or the Treasury. |
| |
| |
| |
|
