The Companies (Audit, Investigations and Community Enterprise) Act 2004 (Commencement) and Companies Act 1989 (Commencement No 18) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force–

• on 1 January 2005 the provisions of the Companies (Audit, Investigations and Community Enterprise) Act 2004 set out in Schedule 1,

• on 6 April 2005 the provisions set out in Schedule 2,

• on 1 July 2005 the provisions set out in Schedule 3, and

• on 1 October 2005, all remaining provisions, set out in Schedule 4.

Article 3 contains a transitional provision under which section 7 will not apply to company accounts for periods beginning before 1 October 2005.

Article 4 contains a transitional provision under which section 8 will not apply to directors' reports concerning financial years beginning before 1 April 2005 or ending before 6 April 2005.

Article 5 contains a transitional provision under which section 19 will not cause provisions for indemnifying directors from liability which were made on or before the date of Royal assent, 28 October 2004, to become void if they were previously not void.

Articles 6 to 13 contains transitional provisions relating to company investigations.

The Act will be wholly in force on 1 October 2005.

The Order also brings section 46 of and Schedule 13 to the Companies Act 1989 (“the 1989 Act”) into force on 1 January 2005:

(a) the provisions of the 1989 Act brought into force before the making of the Companies Act 1989 (Commencement No 15 and Transitional and Savings Provisions) Order 1995 (SI 1995/1352) are set out in a note appended to that Order;

(b) that 1995 Order brought–

(i) section 140(1) to (6);

(ii) paragraph 20 of Schedule 19; and

(iii) repeals by Schedule 24 in section 464 of the 1985 Act and of the definition of “annual return” in section 744 of that Act,

into force on 3 July 1995, subject to transitional and saving provisions;

(c) the Companies Act 1989 (Commencement No 16) Order 1995 (SI 1995/1591) brought sections 171, 176 and 181 into force on 4 July 1995;

(d) the Companies Act 1989 (Commencement No 17) Order 1998 (SI 1998/1747) brought sections 185 and 186 into force on 10 August 1998.