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Companies Act 2006

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Changes and effects

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.

  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Inspection etc of the registerE+W+S+N.I.

1085Inspection of the registerE+W+S+N.I.

(1)Any person may inspect the register.

(2)The right of inspection extends to the originals of documents delivered to the registrar in hard copy form if, and only if, the record kept by the registrar of the contents of the document is illegible or unavailable.

The period for which such originals are to be kept is limited by section 1083(1).

(3)This section has effect subject to section 1087 (material not available for public inspection).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 1085 modified by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 13(1B), Sch. 1A para. 2 (as inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), reg. {37})

C2S. 1085 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(b) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C3S. 1085 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I1S. 1085 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1086Right to copy of material on the registerE+W+S+N.I.

(1)Any person may require a copy of any material on the register.

(2)The fee for any such copy of material derived from a document subject to the Directive disclosure requirements (see section 1078), whether in hard copy or electronic form, must not exceed the administrative cost of providing it.

(3)This section has effect subject to section 1087 (material not available for public inspection).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5S. 1086 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(e)}

C6S. 1086 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(c)}

C7S. 1086 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(b) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C8S. 1086(1)(3) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I2S. 1086 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1087Material not available for public inspectionE+W+S+N.I.

(1)The following material must not be made available by the registrar for public inspection—

(a)the contents of any document sent to the registrar containing views expressed pursuant to section 56 (comments on proposal by company to use certain words or expressions in company name);

(b)protected information within section 242(1) (directors' residential addresses: restriction on disclosure by registrar) or any corresponding provision of regulations under section 1046 (overseas companies);

[F1(ba)representations received by the registrar in response to a notice under—

(i) section 245(2) F2 (notice of proposal to put director's usual residential address on the public record), or

(ii)any corresponding provision of regulations under section 1046 (overseas companies);]

[F3(bb)information to which sections 240 to 244 are applied by section 790ZF(1) (residential addresses of people with significant control over the company) or any corresponding provision of regulations under section 1046 (overseas companies);

(bc)information that, by virtue of regulations under section 790ZG or any corresponding provision of regulations under section 1046, the registrar must omit from the material on the register that is available for inspection;]

(c)any application to the registrar under section 1024 (application for administrative restoration to the register) that has not yet been determined or was not successful;

(d)any document received by the registrar in connection with the giving or withdrawal of consent under section 1075 (informal correction of documents);

[F4(da)information falling within section 1087A(1) (information about a person's date of birth);]

(e)any application or other document delivered to the registrar under section 1088 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful;

(f)any application or other document delivered to the registrar under section 1095 (application for rectification of register);

(g)any court order under section 1096 (rectification of the register under court order) that the court has directed under section 1097 (powers of court on ordering removal of material from the register) is not to be made available for public inspection;

[F5(ga)any application or other document delivered to the registrar under section 1097A (rectification of company registered office) other than an order or direction of the court;]

[F6(h)F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(i)any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

[F8(j)the contents of any documents held by the registrar pending a decision of the Regulator of Community Interest Companies under—

(i)section 36A of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (eligibility for registration as community interest company),

(ii)section 38 of that Act (eligibility for conversion to community interest company), or

(iii)section 55 of that Act (eligibility for conversion from community interest company to charity),

and that the registrar is not later required to record;]

(k)any other material excluded from public inspection by or under any other enactment.

(2)A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.

(3)Material to which this section applies need not be retained by the registrar for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

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Amendments (Textual)

F2Section 245(2) was applied to limited liability partnerships by regulation 19 of S.I. 2009/1804.

F3S. 1087(1)(bb)(bc) inserted (26.5.2015 for specified purposes) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 8; S.I. 2015/1329, reg. 3(a)

F4S. 1087(1)(da) inserted (26.5.2015 for specified purposes, otherwise 10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(2), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a)

Modifications etc. (not altering text)

C10S. 1087 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(c) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C11S. 1087(1)(d)(i)(k)(2)(3) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I3S. 1087 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

[F91087AInformation about a person's date of birthE+W+S+N.I.

(1) Information falls within this subsection at any time (“ the relevant time ”) if—

(a)it is DOB information,

(b)it is contained in a document delivered to the registrar that is protected at the relevant time as regards that information,

(c)the document is one in which such information is required to be stated, and

(d)if the document has more than one part, the part in which the information is contained is a part in which such information is required to be stated.

(2)“DOB information” is information as to the day of the month (but not the month or year) on which a relevant person was born.

(3)A “relevant person” is an individual—

(a)who is a director of a company, or

(b)whose particulars are stated in a company's PSC register as a registrable person in relation to that company (see Part 21A).

(4)A document delivered to the registrar is “protected” at any time unless—

(a)it is an election period document,

(b)subsection (7) applies to it at the time, or

(c)it was registered before this section comes into force.

(5)As regards DOB information about a relevant person in his or her capacity as a director of the company, each of the following is an “election period document”—

(a)a statement of the company's proposed officers delivered under section 9 in circumstances where the subscribers gave notice of election under section 167A (election to keep information on central register) in respect of the company's register of directors when the statement was delivered;

(b)a document delivered by the company under section 167D (duty to notify registrar of changes while election in force).

(6)As regards DOB information about a relevant person in his or her capacity as someone whose particulars are stated in the company's PSC register, each of the following is an “election period document”—

(a)a statement of initial significant control delivered under section 9 in circumstances where the subscribers gave notice of election under section 790X in respect of the company when the statement was delivered;

(b)a document containing a statement or updated statement delivered by the company under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);

(c)a document delivered by the company under section 790ZA (duty to notify registrar of changes while election in force).

(7)This subsection applies to a document if—

(a)the DOB information relates to the relevant person in his or her capacity as a director of the company,

(b)an election under section 167A is or has previously been in force in respect of the company's register of directors,

(c)the document was delivered to the registrar at some point before that election took effect,

(d)the relevant person was a director of the company when that election took effect, and

(e)the document was either—

(i)a statement of proposed officers delivered under section 9 naming the relevant person as someone who was to be a director of the company, or

(ii)notice given under section 167 of the relevant person having become a director of the company.

(8)Information about a person does not cease to fall within subsection (1) when he or she ceases to be a relevant person and, to that extent, references in this section to a relevant person include someone who used to be a relevant person.

(9)Nothing in subsection (1) obliges the registrar to check other documents or (as the case may be) other parts of the document to ensure the absence of DOB information.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Ss. 1087A, 1087B inserted (26.5.2015 for specified purposes, otherwise 10.10.2015 except for the insertion of s. 1087A(3)(b(4)(a)(b)(5)(6)(7) and s. 1087B(4) which are in force on 30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(3), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a); S.I. 2016/321, reg. 6(d)

Modifications etc. (not altering text)

1087BDisclosure of DOB informationE+W+S+N.I.

(1)The registrar must not disclose restricted DOB information unless—

(a)the same information about the relevant person (whether in the same or a different capacity) is made available by the registrar for public inspection as a result of being contained in another description of document in relation to which no restriction under section 1087 applies (see subsection (2) of that section), or

(b)disclosure of the information by the registrar is permitted by subsection (2) or another provision of this Act.

(2)The registrar may disclose restricted DOB information—

(a)to a public authority specified for the purposes of this subsection by regulations made by the Secretary of State, or

(b)to a credit reference agency.

(3) Subsections (3) to (8) of section 243 (permitted use or disclosure of directors' residential addresses etc by the registrar) apply for the purposes of subsection (2) as for the purposes of that section (reading references there to protected information as references to restricted DOB information).

(4)This section does not apply to restricted DOB information about a relevant person in his or her capacity as someone whose particulars are stated in the company's PSC register if an application under regulations made under section 790ZG (regulations for protecting PSC particulars) has been granted with respect to that information and not been revoked.

(5)Restricted DOB information ” means information falling within section 1087A(1). ]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Ss. 1087A, 1087B inserted (26.5.2015 for specified purposes, otherwise 10.10.2015 except for the insertion of s. 1087A(3)(b(4)(a)(b)(5)(6)(7) and s. 1087B(4) which are in force on 30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(3), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a); S.I. 2016/321, reg. 6(d)

Modifications etc. (not altering text)

1088Application to registrar to make address unavailable for public inspectionE+W+S+N.I.

(1)The Secretary of State may make provision by regulations requiring the registrar, on application, to make an address on the register unavailable for public inspection.

(2)The regulations may make provision as to—

(a)who may make an application,

(b)the grounds on which an application may be made,

(c)the information to be included in and documents to accompany an application,

(d)the notice to be given of an application and of its outcome, and

(e)how an application is to be determined.

(3)Provision under subsection (2)(e) may in particular—

(a)confer a discretion on the registrar;

(b)provide for a question to be referred to a person other than the registrar for the purposes of determining the application.

(4)An application must specify the address to be removed from the register and indicate where on the register it is.

(5)The regulations may provide—

(a)that an address is not to be made unavailable for public inspection under this section unless replaced by a service address, and

(b)that in such a case the application must specify a service address.

(6)Regulations under this section are subject to affirmative resolution procedure.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C14S. 1088 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(c) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I4S. 1088 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1089Form of application for inspection or copyE+W+S+N.I.

(1)The registrar may specify the form and manner in which application is to be made for—

(a)inspection under section 1085, or

(b)a copy under section 1086.

(2)As from 1st January 2007, applications in respect of documents subject to the Directive disclosure requirements may be submitted to the registrar in hard copy or electronic form, as the applicant chooses.

This does not affect the registrar's power under subsection (1) above to impose requirements in respect of other matters.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C16S. 1089 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(f)}

C17S. 1089 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(d)}

C18S. 1089 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C19S. 1089 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I5S. 1089 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1090Form and manner in which copies to be providedE+W+S+N.I.

(1)The following provisions apply as regards the form and manner in which copies are to be provided under section 1086.

(2)As from 1st January 2007, copies of documents subject to the Directive disclosure requirements must be provided in hard copy or electronic form, as the applicant chooses.

This is subject to the following proviso.

(3)The registrar is not obliged by subsection (2) to provide copies in electronic form of a document that was delivered to the registrar in hard copy form if—

(a)the document was delivered to the registrar on or before 31st December 1996, or

(b)the document was delivered to the registrar on or before 31st December 2006 and ten years or more elapsed between the date of delivery and the date of receipt of the first application for a copy on or after 1st January 2007.

(4)Subject to the preceding provisions of this section, the registrar may determine the form and manner in which copies are to be provided.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C21S. 1090 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(g)}

C22S. 1090 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(e)}

C23S. 1090 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C24S. 1090(1)(2)(4) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I6S. 1090 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1091Certification of copies as accurateE+W+S+N.I.

(1)Copies provided under section 1086 in hard copy form must be certified as true copies unless the applicant dispenses with such certification.

(2)Copies so provided in electronic form must not be certified as true copies unless the applicant expressly requests such certification.

(3)A copy provided under section 1086, certified by the registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence—

(a)as of equal validity with the original document, and

(b)as evidence (in Scotland, sufficient evidence) of any fact stated in the original document of which direct oral evidence would be admissible.

(4)The Secretary of State may make provision by regulations as to the manner in which such a certificate is to be provided in a case where the copy is provided in electronic form.

(5)Except in the case of documents that are subject to the Directive disclosure requirements (see section 1078), copies provided by the registrar may, instead of being certified in writing to be an accurate record, be sealed with the registrar's official seal.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C26S. 1091 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(h)}

C27S. 1091 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(f)}

C28S. 1091 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(e) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C29S. 1091 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I7S. 1091 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1092Issue of process for production of records kept by the registrarE+W+S+N.I.

(1)No process for compelling the production of a record kept by the registrar shall issue from any court except with the permission of the court.

(2)Any such process shall bear on it a statement that it is issued with the permission of the court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C32S. 1092 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I8S. 1092 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

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