Company and Business Names (Chamber of Commerce, Etc.) Act 1999

1999 CHAPTER 19

An Act to make provision concerning the approval of company or business names containing the expression “chamber of commerce” or any related expression; and for connected purposes.

[27th July 1999]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Approval to be required for company or business names including the expression “chamber of commerce”. E+W+S

It is the duty of the Secretary of State to secure that the expression “chamber of commerce” and its Welsh equivalent (“siambr fasnach”) is specified—

(a) in regulations under [F1 section 55 of the Companies Act 2006 (company names requiring approval of Secretary of State)], and

(b) in regulations under [F2 section 1194 of that Act (business names requiring approval of Secretary of State)],

as an expression for the registration of which as or as part of a company’s name, or for the use of which as or as part of a business name, the approval of the Secretary of State is required.

Textual Amendments

F1 Words in s. 1(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(2)(a) (with art. 10)

F2 Words in s. 1(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(2)(b) (with art. 10)

2 Approval of certain company names. E+W+S

(1) Before determining under [F3 section 55 of the Companies Act 2006] whether to approve the registration of a company under a name which includes—

(a) the expression “chamber of commerce” or “siambr fasnach”, or

(b) any other expression for the time being specified in regulations under [F4 that section] which begins with the words “chamber of” or “chambers of” (or the Welsh equivalents),

the Secretary of State must consult at least one relevant representative body.

(2) The Secretary of State may publish guidance with respect to factors which may be taken into account in determining whether to approve the registration of a name to which this section applies.

Textual Amendments

F3 Words in s. 2(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(3)(a) (with art. 10)

F4 Words in s. 2(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(3)(b) (with art. 10)

3 Approval of certain business names. E+W+S

(1) Before determining under [F5 section 1194 of the Companies Act 2006] whether to approve the carrying on of a business under a name which includes—

(a) the expression “chamber of commerce” or “siambr fasnach”, or

(b) any other expression for the time being specified in regulations under [F6 that section] which begins with the words “chamber of” or “chambers of” (or the Welsh equivalents),

the Secretary of State must consult at least one relevant representative body.

(2) The Secretary of State may publish guidance with respect to factors which may be taken into account in determining whether to approve the use of a business name to which this section applies.

Textual Amendments

F5 Words in s. 3(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(4)(a) (with art. 10)

F6 Words in s. 3(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 176(4)(b) (with art. 10)

4 Relevant representative bodies. E+W+S

(1) The relevant representative bodies for the purposes of this Act are—

(a) British Chambers of Commerce;

(b) the body known as Scottish Chambers of Commerce.

(2) The Secretary of State may by order amend subsection (1) by adding to or deleting from it the name of any body (whether corporate or unincorporated).

(3) The power to make an order under this section is exercisable by statutory instrument which shall be liable to annulment in pursuance of a resolution of either House of Parliament.

5 Citation, commencement and extent. E+W+S

(1) This Act may be cited as the Company and Business Names (Chamber of Commerce, Etc.) Act 1999.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3) This Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 5(2) power fully exercised: 10.5.2001 appointed by S.I. 2001/258, art. 2