Repeal of the Companies Consolidation (Consequential Provisions) Act 1985 (c.9)4

1

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 20093 is amended as follows.

2

In article 12 (saving for earlier consequential amendments, transitional provisions and savings)—

a

in paragraph (1) omit the words “the Companies Consolidation (Consequential Provisions) Act 1985 and”;

b

in paragraph (2) omit the words “Act or” in each place where they appear.

3

In Schedule 3 (provisions relating to old public companies)—

a

for paragraph 1 (meaning of “old public company”) substitute—

  • For the purposes of this Schedule an “old public company” is a company limited by shares, or a company limited by guarantee and having a share capital, in respect of which the following conditions are met—

    1. a

      the company either existed on 1st July 1983 or was incorporated after that date pursuant to an application made before that date,

    2. b

      on that date or, if later, on the day of the company’s incorporation, the company was not or (as the case may be) would not have been a private company within the meaning of section 28 of the Companies Act (Northern Ireland) 19604, and

    3. c

      the company has not since that date or the day of the company’s incorporation (as the case may be) either been re-registered as a public company within the meaning of Article 12(3) of the Companies (Northern Ireland) Order5 or section 4(2) of the Companies Act 2006 or become a private company within the meaning of Article 12(3) of the Companies (Northern Ireland) Order or section 4(1) of the Companies Act 2006.

b

In paragraph 7 (old public company holding, or having charge on, own shares)—

i

in sub-paragraph (3) for “the relevant date” substitute “30th September 1984”;

ii

omit sub-paragraph (4).