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British Aerospace Act 1980

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This is the original version (as it was originally enacted).

7Target investment limit for Government shareholding under sections 3 and 5

(1)As soon as the successor company ceases to be wholly owned by the Crown, the Secretary of State shall by order made by statutory instrument fix a target investment limit in relation to the shares for the time being held in that company by the Secretary of State or his nominees by virtue of any provision of this Act (referred to below in this section as " the Government shareholding ").

(2)The target investment limit shall be expressed as a proportion of the voting rights exercisable at general meetings of the successor company.

(3)The first target investment limit fixed under this section shall be equal to the proportion of those voting rights which is carried by the Government shareholding at the time when the order fixing the limit is made.

(4)The Secretary of State may from time to time by order made by statutory instrument fix a new target investment limit in place of the one previously in force under this section; but—

(a)any new limit must be lower than the one it replaces; and

(b)an order under this section may only be revoked by an order fixing a new limit.

(5)It shall be the duty of the Secretary of State so to exercise—

(a)his powers under section 5 of this Act and his power to dispose of any shares held by him by virtue of any provision of this Act; and

(b)his power to give directions to his nominees ;

as to secure that the Government shareholding does not carry a proportion of the voting rights exercisable at general meetings of the successor company exceeding any target investment limit for the time being in force under this section.

(6)Notwithstanding subsection (5) above, the Secretary of State may take up, or direct any nominee of his to take up, any rights for the time being available to him, or to that nominee, as an existing holder of shares or other securities of the successor company or of any subsidiary of the successor company ; but if as a result the Government shareholding at any time exceeds the target investment limit it shall be the duty of the Secretary of State to comply with subsection (5) as soon after that time as is reasonably practicable.

(7)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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