Consent to registration of a name which is the same as another in the registrar’s index of company names
8.—(1) A company may be registered under the Act by a proposed same name if the conditions in paragraph (2) are met.
(2) The conditions are—
(a)the company or other body whose name already appears in the registrar’s index of company names (“Body X”) consents to the proposed same name being the name of a company (“Company Y”);
(b)Company Y forms, or is to form, part of the same group as Body X; and
(c)Company Y provides to the registrar a copy of a statement made by Body X indicating—
(i)the consent of Body X as referred to in sub-paragraph (a); and
(ii)that Company Y forms, or is to form, part of the same group as Body X.
(3) If the proposed same name is to be taken by a company which has not yet been incorporated, the copy of such statement must be provided to the registrar instead by the person who delivers to the registrar the application for registration of the company (and the reference in paragraph (1) to the conditions in paragraph (2) shall be read accordingly).
(4) The registrar may accept the statement referred to in paragraph (2)(c) as sufficient evidence that the conditions referred to in paragraph (2)(a) and (b) have been met.
(5) If the consent referred to in paragraph (2)(a) is given by Body X, a subsequent withdrawal of that consent does not affect the registration of Company Y by that proposed same name.
(6) In this regulation—
(a)“group” has the meaning given in section 474(1) of the Act; and
(b)“proposed same name” means a name which is, due to the application of regulation 7 and Schedule 3, considered the same as a name appearing in the registrar’s index of company names and differs from that name appearing in the index only by one of the matters set out in inverted commas in paragraph 4 of Schedule 3.