Companies (1990 Order) (Commencement No. 2) Order(Northern Ireland) 1991

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation certain of the provisions of Part II of the Companies. (Northern Ireland) Order 1990 (“the 1990 Order”).

Article 3 brings into operation on 1st September 1991 Articles 9 (in so far as it inserts Article 241(5) into Part VIII of the Companies (Northern Ireland) Order 1986 (“the 1986 Order”)) and 14 of the 1990 Order, together with Article 25 of, and Schedule 10 to the 1990 Order (so far as already not in operation). Articles 9 (so far as relevant) and 14 of the 1990 Order substitute a new offence of approving defective accounts for an existing offence, permit the voluntary revision of defective accounts and provide for a new statutory procedure for the Department of Economic Development or a person authorised by that Department to go to court to obtain an order compelling the revision of defective accounts. The provisions of Article 25 of and Schedule 10 to the 1990 Order brought into operation are minor and consequential amendments relating to the provisions on defective accounts. The coming into operation of these various provisions is made subject to the transitional and saving provisions set out in Article 4. The effect of these transitional and saving provisions is that certain of the provisions brought into operation are to apply with respect to accounts for financial years commencing on or after 1st April 1990, and that Article 253 of the 1986 Order as originally enacted (which makes the laying or delivering of defective accounts an offence) is continued in operation for certain purposes. The provisions of Part II of the 1990 Order already in operation at the date of this Order are subject to the transitional and saving provisions set out in the Companies (1990 Order) (Commencement No. 1) Order (Northern Ireland) 1990 and that Order is amended by Article 5 to reflect the provisions of this Order.

Article 6 brings into operation certain repeals effected by Article 26 of, and Schedule 15 to, the 1990 Order.