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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
In the Companies Act 1985 (c. 6), after Schedule 7A insert—
1The Secretary of State.
2The Department of Enterprise, Trade and Investment for Northern Ireland.
4The Bank of England.
5The Financial Services Authority.
6The Commissioners of Inland Revenue.
7A disclosure for the purpose of assisting a body designated by an order under section 46 of the Companies Act 1989 (delegation of functions of Secretary of State) to exercise its functions under Part 2 of that Act.
8A disclosure with a view to the institution of, or otherwise for the purposes of, disciplinary proceedings relating to the performance by an accountant or auditor of his professional duties.
9A disclosure for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any of their functions under any of the following—
(b)the insider dealing legislation;
(c)the Insolvency Act 1986;
(d)the Company Directors Disqualification Act 1986;
(e)the Financial Services and Markets Act 2000.
10A disclosure for the purpose of enabling or assisting the Department of Enterprise, Trade and Investment for Northern Ireland to exercise any powers conferred on it by the enactments relating to companies or insolvency.
11A disclosure for the purpose of enabling or assisting the Bank of England to exercise its functions.
12A disclosure for the purpose of enabling or assisting the Commissioners of Inland Revenue to exercise their functions.
13A disclosure for the purpose of enabling or assisting the Financial Services Authority to exercise its functions under any of the following—
(a)the legislation relating to friendly societies or to industrial and provident societies;
(b)the Building Societies Act 1986;
(c)Part 7 of the Companies Act 1989;
(d)the Financial Services and Markets Act 2000.
14A disclosure in pursuance of any Community obligation.
15A disclosure is made in accordance with this Part of this Schedule if—
(a)it is made to a body within paragraph 16, and
(b)it is made for the purpose of enabling or assisting that body to exercise the functions mentioned in that paragraph.
16A body is within this paragraph if it exercises functions of a public nature under legislation in any country or territory outside the United Kingdom which appear to the authorised person to be similar to his functions under section 245B of this Act.
17In determining whether to disclose information to a body in accordance with this Part of this Schedule, the authorised person must have regard to the following considerations—
(a)whether the use which the body is likely to make of the information is sufficiently important to justify making the disclosure; and
(b)whether the body has adequate arrangements to prevent the information from being used or further disclosed other than for the purposes of carrying out the functions mentioned in paragraph 16 or any other purposes substantially similar to those for which information disclosed to the authorised person could be used or further disclosed.”
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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