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Company Law Reform Bill [HL] (609-612)


Company Law Reform Bill [HL] (changed to Companies Bill [HL])
Part 46 — General supplementary provisions

609

 

be subject to annulment in pursuance of a resolution of either House of

Parliament.

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

made”—

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

made by regulations.

(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.

Meaning of "enactment"

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),

 
 

Company Law Reform Bill [HL] (changed to Companies Bill [HL])
Part 46 — General supplementary provisions

610

 

(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

(c. 30).

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

by or under this Act.

(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

under it, and

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

relation to companies,

   

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

subordinate legislation.

(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.

1259    

Repeals

   

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.

 
 

Company Law Reform Bill [HL] (changed to Companies Bill [HL])
Part 47 — Final provisions

611

 

(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

corresponding provision.

(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

contained in this Act.

25

(7)   

References in this section to this Act include subordinate legislation made

under this Act.

(8)   

In this section “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

Part 47

30

Final provisions

1262    

Short title

   

The short title of this Act is the Companies Act 2006.

1263    

Extent

   

Except as otherwise provided (or the context otherwise requires), the

35

provisions of this Act extend to the whole of the United Kingdom.

1264    

Commencement

(1)   

The following provisions come into force on the day this Act is passed—

 
 

Company Law Reform Bill [HL] (changed to Companies Bill [HL])
Part 47 — Final provisions

612

 

(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

2000 (c. 8),

(b)   

in Part 44 (miscellaneous provisions)—

5

section 1238 (bodies concerned with actuarial standards), and

section 1240 (application of provisions in Scotland and Northern

Ireland),

(c)   

Part 46 (general supplementary provisions), except section 1259 and

Schedule 16 (repeals), and

10

(d)   

this Part.

(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.

 
 

 
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Revised 28 July 2006