The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) U.K.

13.—(1) The Limited Liability Partnerships Regulations 2001 are amended as follows.

(2) After regulation 2 insert—

“Application of provisions

2A.— (1) The provisions of these Regulations applying—

(a) the Company Directors Disqualification Act 1986 M1 , or

(b) provisions of the Insolvency Act 1986 M2 ,

have effect only in relation to limited liability partnerships registered in Great Britain.

(2) The other provisions of these Regulations have effect in relation to limited liability partnerships registered in any part of the United Kingdom.”.

(3) In regulation 4 (application of companies legislation to LLPs)—

(a) in the heading for “the remainder of the provisions” substitute “ certain provisions ”; and

(b) in paragraph (1)—

(i) omit sub-paragraphs (b), (e) and (f),

(ii) for sub-paragraph (d) substitute—

“(d) references in a provision of the 1985 Act to—

(i) other provisions of that Act, or

(ii) provisions of the Companies Act 2006,

shall include references to those provisions as they apply to limited liability partnerships.”.

(4) In regulation 10(1)(c) omit “the Business Names Act 1985 and”.

(5) In Part 1 of Schedule 2 (application of provisions of the Companies Act 1985)—

(a) omit all the existing entries except, subject to sub-paragraph (b), those relating to provisions of Part 14 of that Act (investigations etc) [F1 or Part 18 of that Act (floating charges in Scotland)];

(b) omit the entry relating to section 438 (power to bring civil proceedings) M3 (this does not affect proceedings brought under section 438 as applied to LLPs before 1st October 2009);

(c) at the appropriate place insert—

“section 446A (general powers to give directions) section 446B (direction to terminate investigation) section 446C (resignation and revocation of appointment) section 446D (appointment of replacement inspectors) section 446E (obtaining information from former inspectors etc)”;

(d) for the entry relating to section 451A(1) (disclosure of information by Secretary of State or inspector) M4 substitute “In subsection (1), for the words “sections 434 to 446E” substitute “ sections 434 to 441 and 446E ””; and

(e) for the entry relating to section 452(1) (privileged information) M5 substitute “In subsection (1), for the words “sections 431 to 446E” substitute “ sections 431 to 441 and 446E ””.

(6) In Schedule 5 (general and consequential amendments), omit paragraphs 9 to 11.

(7) In Schedule 6 (application of subordinate legislation)—

(a) in the list in Part 1 (regulations made under the Companies Act 1985), omit the entries relating to—

(i) the Companies (Inspection and Copying of Registers, Indices and Documents) Regulations 1991, and

(ii) the Companies (Registers and other Records) Regulations 1985; and

(b) in the list in Part 3 (regulations made under other legislation), omit the entry relating to the Company and Business Names Regulations 1981.

Textual Amendments

F1 Words in Sch. 3 para. 13(5)(a) inserted (1.10.2009) by The Limited Liability Partnerships (Amendment) Regulations 2009 (S.I. 2009/1833), regs. 1, 2(2)

Marginal Citations

M1 1986 c. 46.

M2 1986 c. 45.

M3 Section 438 was repealed by section 1176(1) of the Companies Act 2006 (c. 46).

M4 Section 451A(1) was amended by section 1037(2) of the Companies Act 2006.

M5 Section 452(1) was amended by section 1037(3) of the Companies Act 2006.