rs2181910.1060-1066

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 19th October 2006
1060

Companies Bill–[ [], continued

‘Repeals

Company law repeals (Great Britain)

Short title and chapter
Extent of repeal

Companies Act 1985 (c. 6)
Sections 1 to 430F.

In section 437—

(a)
in subsection (1), the second sentence, and

(b)
subsections (1B) and (1C).

Section 438.

In section 439—

(a)
in subsection (2), “, or is ordered to pay the

whole or any part of the costs of proceedings

brought under section 438”,

(b)
subsections (3) and (7), and

(c)
in subsection (8), “; and any such liability

imposed by subsection (2) is (subject as

mentioned above) a liability also to

indemnify all persons against liability under

subsection (3)”.

Section 442(2).

Section 446.

In section 448(7), the words “and liable to a fine.” to

the end.

Section 449(7).

Section 450(4).

Section 451(3).

In section 453(1A)—

(a)
paragraph (b), and

(b)
paragraph (d) and the word “and” preceding

it.

Section 453A(6).

Sections 458 to 461.

Companies Act 1985 (c. 6)—cont.
Sections 651 to 746.

Schedules 1 to 15B.

Schedules 20 to 25.

Insolvency Act 1985 (c. 65)
Schedule 6.

Insolvency Act 1986 (c. 45)
In Schedule 13, in Part 1, the entries relating to the

following provisions of the Companies Act

1985—

(a)
section 13(4),

(b)
section 44(7),

(c)
section 103(7),

(d)
section 131(7),

(e)
section 140(2),

(f)
section 156(3),

(g)
section 173(4),

(h)
section 196,

(i)
section 380(4),

(j)
section 461(6),

(k)
section 462(5),

(l)
section 463(2),

(m)
section 463(3),

(n)
section 464(6),

(o)
section 657(2),

(p)
section 658(1), and

(q)
section 711(2).

Building Societies Act 1986 (c. 53)
Section 102C(5).

Finance Act 1988 (c. 39)
In section 117(3), from the beginning to “that

section”;”.

In section 117(4), the words “and (3)”.

Water Act 1989 (c. 15)
In Schedule 25, paragraph 71(3).

Companies Act 1989 (c. 40)
Sections 1 to 22.

Section 56(5).

Sections 57 and 58.

Section 64(2).

Section 66(3).

Section 71.

Sections 92 to 110.

Sections 113 to 138.

Section 139(1) to (3).

Sections 141 to 143.

Section 144(1) to (3) and (6).

Section 207.

Schedules 1 to 9.

In Schedule 10, paragraphs 1 to 24.

Schedules 15 to 17.

In Schedule 18, paragraphs 32 to 38.

In Schedule 19, paragraphs 1 to 9 and 11 to 21.

Age of Legal Capacity (Scotland)
In Schedule 1, paragraph 39.

Act 1991 (c. 50)

Water Consolidation
In Schedule 1, paragraph 40(2).

(Consequential Provisions) Act

1991 (c. 60)

Charities Act 1992 (c. 41)
In Schedule 6, paragraph 11.

Charities Act 1993 (c. 10)
In Schedule 6, paragraph 20.

Criminal Justice Act 1993 (c. 36)
In Schedule 5, paragraph 4.

Welsh Language Act 1993 (c. 38)
Section 30.

Pension Schemes Act 1993 (c. 48)
In Schedule 8, paragraph 16.

Trade Marks Act 1994 (c. 26)
In Schedule 4, in paragraph 1(2), the reference to the

Companies Act 1985.

Deregulation and Contracting Out
Section 13(1).

Act 1994 (c. 40)
Schedule 5.

In Schedule 16, paragraphs 8 to 10.

Requirements of Writing
In Schedule 4, paragraphs 51 to 56.

(Scotland) Act 1995 (c. 7)

Criminal Procedure (Consequential
In Schedule 4, paragraph 56(3) and (4).

Provisions) (Scotland) Act 1995

(c. 40)

Disability Discrimination Act 1995
In Schedule 6, paragraph 4.

(c. 50)

Financial Services and Markets Act
Section 143.

2000 (c. 8)
Section 263.

Limited Liability Partnerships Act
In the Schedule, paragraph 1.

2000 (c. 12)

Political Parties, Elections and
Sections 139 and 140.

Referendums Act 2000 (c. 41)
Schedule 19.

In Schedule 23, paragraphs 12 and 13.

Criminal Justice and Police Act
Section 45.

2001 (c. 16)
In Schedule 2, paragraph 17.

Enterprise Act 2002 (c. 40)
In Schedule 17, paragraphs 3 to 8.

Companies (Audit, Investigations
Sections 7 to 10.

and Community Enterprise) Act
Section 11(1).

2004 (c. 27)
Sections 12 and 13.

Sections 19 and 20.

Schedule 1.

In Schedule 2, paragraphs 5 to 10, 22 to 24 and 26.

In Schedule 6, paragraphs 1 to 9.

Civil Partnership Act 2004 (c. 33)
In Schedule 27, paragraphs 99 to 105.

Constitutional Reform Act 2005
In Schedule 11, in paragraph 4(3), the reference to

(c. 4)
the Companies Act 1985.

Report Stage Proceedings: 19th October 2006
1061

Companies Bill–[ [], continued

Report Stage Proceedings: 19th October 2006
1062

Companies Bill–[ [], continued

Repeals and revocations relating to Northern Ireland

Short title and chapter
Extent of repeal or revocation

Companies (Northern Ireland)
The whole Order.

Order 1986 (S.I. 1986/1032

(N.I. 6))

Companies Consolidation
The whole Order.

(Consequential Provisions)

(Northern Ireland) Order 1986

(S.I. 1986/1035 (N.I. 9))

Business Names (Northern Ireland)
The whole Order.

Order 1986 (S.I. 1986/1033

(N.I. 7))

Industrial Relations (Northern
Article 3.

Ireland) Order 1987 (S.I. 1987/

936 N.I. 9))

Finance Act 1988 (c. 39)
In section 117(3), the words from “and for” to the

end.

Companies (Northern Ireland)
The whole Order.

Order 1989 (S.I. 1989/2404

(N.I. 18))

Insolvency (Northern Ireland)
In Schedule 7, in the entry relating to Article 166(4),

Order 1989 (S.I. 1989/2405
the word “office”.

(N.I. 19))
In Schedule 9, Part I.

European Economic Interest
The whole Regulations.

Groupings Regulations

(Northern Ireland) 1989 (S.R.

1989/216)

Companies (Northern Ireland)
The whole Order.

Order 1990 (S.I. 1990/593 (N.I.

5))

Companies (No. 2) (Northern
Parts II to IV.

Ireland) Order 1990 (S.I. 1990/
Part VI.

1504 (N.I. 10))
Schedules 1 to 6.

Criminal Justice Act 1993 (c. 36)
In Schedule 5, Part 2.

Schedule 6.

Financial Provisions (Northern
Article 15.

Ireland) Order 1993 (S.I. 1993/

1252 (N.I. 5))

Deregulation and Contracting Out
Section 13(2).

Act 1994 (c. 40)
Schedule 6.

Pensions (Northern Ireland) Order
In Schedule 3, paragraph 7.

1995 (S.I. 1995/3213 (N.I. 22))

Deregulation and Contracting Out
Article 11.

(Northern Ireland) Order 1996
Schedule 2.

(S.I. 1996/1632 (N.I. 11))
In Schedule 5, paragraph 4.

Youth Justice and Criminal
In Schedule 4, paragraph 18.

Evidence Act 1999 (c. 23)

Limited Liability Partnerships Act
The whole Act.

(Northern Ireland) 2002 (c. 12

(N.I.))

Open-Ended Investment
The whole Act.

Companies Act (Northern

Ireland) 2002 (c. 13)

Company Directors
In Schedule 3, paragraphs 3 to 5.

Disqualification (Northern

Ireland) Order 2002 (S.I. 2002/

3150 (N.I. 4))

Companies (Audit, Investigations
Section 11(2).

and Community Enterprise) Act
In Schedule 2, paragraphs 11 to 15.

Law Reform (Miscellaneous
Article 4(2).

Provisions) (Northern Ireland)

Order 2005 (S.I. 2005/1452

(N.I. 7))

Companies (Audit, Investigations
The whole Order.

and Community Enterprise)

(Northern Ireland) Order 2005

(S.I. 2005/1967 (N.I. 17))

Report Stage Proceedings: 19th October 2006
1063

Companies Bill–[ [], continued

Report Stage Proceedings: 19th October 2006
1064

Companies Bill–[ [], continued

Other repeals

Short title and chapter
Extent of repeal or revocation

Limited Partnerships Act 1907
In section 16(1)—

(c. 24)
(a)
the words “, and there shall be paid for such

inspection such fees as may be appointed by

the Board of Trade, not exceeding 5p for

each inspection”;

(b)
the words from “and there shall be paid for

such certificate” to the end.

In section 17—

(a)
the words “(but as to fees with the

concurrence of the Treasury)”;

(b)
paragraph (a).

Business Names Act 1985 (c. 7)
The whole Act.

Companies Act 1989 (c. 40)
Sections 24 to 54.

Schedules 11 to 13.

Criminal Procedure (Consequential
In Schedule 4, paragraph 74(2).

Provisions) (Scotland) Act 1995

(c. 40)

Companies (Audit, Investigations
Sections 1 to 6.

and Community Enterprise) Act
In Schedule 2, Part 1.

Civil Partnership Act 2004 (c. 33)
In Schedule 27, paragraph 128.’.

AMENDMENTS TO SCHEDULES

Mr Secretary Darling

Agreed to  199

Page  623,  line  6  [Schedule  3],  leave out paragraphs 1 to 33.

Report Stage Proceedings: 19th October 2006
1065

Companies Bill–[ [], continued

Mr Secretary Darling

Agreed to  200

Page  636,  line  7  [Schedule  3],  leave out paragraphs 41 to 44.

Mr Secretary Darling

Agreed to  565

Page  637,  line  29  [Schedule  4],  leave out paragraph 1 and insert—

‘1  (1)
This Schedule applies to documents or information sent or supplied to a

company.

      (2)
It does not apply to documents or information sent or supplied by another

company (see section 1109(3) and Schedule 5).’.

Mr Alan Duncan

Mr Jonathan Djanogly

Charles Hendry

Mr Crispin Blunt

James Brokenshire

Justine Greening

Not called  122

Page  637,  line  30  [Schedule  4],  leave out ‘1109(4)’ and insert ‘1109(3)’.

Mr Secretary Darling

Mr Alan Duncan

Mr Jonathan Djanogly

Charles Hendry

Mr Crispin Blunt

James Brokenshire

Agreed to  123

Page  638,  line  5  [Schedule  4],  leave out ‘prepays and posts an’ and insert ‘posts a

prepaid’.

Mr Secretary Darling

Agreed to  566

Page  638,  line  19  [Schedule  4],  leave out sub-paragraph (2).

Mr Secretary Darling

Agreed to  567

Page  638,  line  31  [Schedule  4],  leave out ‘in electronic form’.

Mr Secretary Darling

Agreed to  568

Page  639,  line  6  [Schedule  4],  leave out sub-paragraph (2).

Report Stage Proceedings: 19th October 2006
1066

Companies Bill–[ [], continued

Mr Secretary Darling

Agreed to  569

Page  639,  line  14  [Schedule  5],  leave out ‘companies that are not traded

companies’ and insert ‘a company’.

Mr Secretary Darling

Mr Alan Duncan

Mr Jonathan Djanogly

Charles Hendry

Mr Crispin Blunt

James Brokenshire

Agreed to  124

Page  639,  line  27  [Schedule  5],  leave out ‘prepays and posts an’ and insert ‘posts a

prepaid’.

Mr Secretary Darling

Agreed to  570

Page  640,  line  13  [Schedule  5],  leave out sub-paragraph (2).

Mr Secretary Darling

Agreed to  571

Page  641,  line  1  [Schedule  5],  leave out sub-paragraph (2).

Mr Secretary Darling

Agreed to  450

Page  641,  line  16  [Schedule  5],  leave out paragraph (b) and insert—

‘(b)
as a person nominated by a member in accordance with the company’s

articles to enjoy or exercise all or any specified rights of the member

in relation to the company, or

(c)
as a person nominated by a member under section 146 to enjoy

information rights.’.

Mr Alan Duncan

Mr Jonathan Djanogly

Charles Hendry

Mr Crispin Blunt

James Brokenshire

Justine Greening

Not called  125

Page  641,  line  17  [Schedule  5],  leave out ‘made under section 137’.

Mr Secretary Darling

Agreed to  451

Page  641,  line  25  [Schedule  5],  leave out ‘member of the company or entitled’.