Regulations about namesF2N.I.
39.—(1) The Department may by regulations—
(a)prescribe words or expressions for the registration of which as or as part of a company's corporate name the Department's approval is required under Article 36(2)(b), and
(b)in relation to any such word or expression, prescribe a government department or other body as the relevant body for the purposes of paragraph (2).
(2) Where a company proposes to have as, or as part of, its corporate name any such word or expression in relation to which a relevant body has been prescribed under paragraph (1)(b), a request shall be made (in writing) to the relevant body to indicate whether (and if so why) it has any objections to the proposal; and the person to make the request is—
(a)in the case of a company seeking to be registered under this Part, the person making the statutory declaration[F1 under Article 23(3) or statement under Article 23(4) (as the case may be)],
(b)in the case of a company seeking to be registered under Article 629, the persons making the statutory declaration[F1 under Article 635(2) or statement under Article 635(2A) (as the case may be)], and
(c)in any other case, a director or secretary of the company concerned.
(3) The person who has made that request to the relevant body shall submit to the registrar a statement that it has been made and a copy of any response received from that body, together with—
(a)the requisite statutory declaration[F1 or statement], or
(b)a copy of the special resolution changing the company's name,
according as the case is the one or the other of those mentioned in paragraph (2).
(4) Articles 658 and 659 (public inspection of documents kept by registrar) do not apply to documents sent under paragraph (3) other than documents mentioned in sub-paragraphs (a) and (b) of that paragraph.
(5) Regulations under this Article may contain such transitional provisions and savings as the Department thinks appropriate.
(6) The regulations shall be laid before the Assembly after being made and shall cease to have effect at the end of the statutory period next after the regulations have been so laid (but without prejudice to anything previously done by virtue of the regulations or to the making of new regulations) unless during that period they are approved by a resolution of the Assembly.
F1SR 2003/3
F2Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}