The Companies and Limited Liability Partnerships (Forms, etc.) Amendment Regulations 2013

Statutory Instruments

2013 No. 1947

Companies

Partnership

The Companies and Limited Liability Partnerships (Forms, etc.) Amendment Regulations 2013

Made

2nd August 2013

Laid before Parliament

6th August 2013

Coming into force

1st October 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by the enactments specified in Schedule 1.

Citation and commencement

1.  These Regulations may be cited as the Companies and Limited Liability Partnerships (Forms, etc.) Amendment Regulations 2013 and come into force on 1st October 2013.

Amendment

2.  In Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008(1), for paragraph 97 substitute—

“97.   Sections 1068 and 1069 of the Companies Act 2006 (registrar’s requirements as to form, authentication and manner of delivery and power to require delivery by electronic means) apply to all documents delivered to the registrar on or after 1st October 2013.”

Revocations

3.  The revocations listed in Schedule 2 to these Regulations have effect.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

2nd August 2013

Preamble

SCHEDULE 1

1.  The Companies Act 1985(2): sections 6(1)(b)(i), 10, 12, 30, 43(3) and (3)(e), 49(4), 51(4), 53(1)(b), 54(4), 88(2) and (3), 117(2) and (3), 169, 169A, 190(5), 225, 228(2)(f), 242(1), 244(3), 266(1) and (3), 287(3), 288(2), 288A, 318(4), 325, 353(2), 363, 364(2) and (3), 391(2), 652A, 652D, 691, 692(1), 694(4)(a) and (b), 701, 702(1), 703P(1), (3) and (5), 703Q(1) and (2), 706, 710B(3) and (8), 744, and paragraph 6 of Part II of Schedule 9, paragraph 27 of Schedule 13, paragraphs 1, 4A, 7(1), 8(2) and 9 of Schedule 21A.

2.  The Companies Act 1989(3), section 144(4).

3.  The Companies Act 2006(4), sections 1292(2), 1296(1) and (2), and 1300(2).

4.  The Insolvency Act 1986(5), section 38(3) and (4).

5.  The Water Act 1989(6), section 185(2)(d) and paragraph 71(2) of Schedule 25.

6.  The Welsh Language Act 1993(7), section 26(3).

Regulation 3

SCHEDULE 2

PART 1 Regulations revoked

Regulations revoked	References
The Companies (Forms) (Amendment) Regulations 1986	S.I. 1986/2097
The Companies (Forms) (Amendment) Regulations 1988	S.I. 1988/1359
The Companies Act 1985 (Modifications for Statutory Water Companies) Regulations 1989	S.I. 1989/1461
The Companies (Forms) (Amendment) Regulations 1990	S.I. 1990/572
The Definition of Subsidiary (Consequential Amendments) Regulations 1990	S.I. 1990/1395
The Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990	S.I. 1990/1766
The Companies (Forms) Regulations 1991	S.I. 1991/879
The Companies (Forms) (No.2) Regulations 1991	S.I. 1991/1259
The Companies (Forms) (Amendment) Regulations 1992	S.I. 1992/3006
The Companies (Welsh Language Forms and Documents) Regulations 1994	S.I. 1994/117
The Companies (Welsh Language Forms and Documents) (Amendment) Regulations 1995	S.I. 1995/734
The Companies (Forms) (Amendment) Regulations 1995	S.I. 1995/736
The Companies (Forms) (No. 2) Regulations 1995	S.I. 1995/1479
The Companies (Welsh Language Forms and Documents) (No. 2) Regulations 1995	S.I. 1995/1480
The Companies (Welsh Language Forms and Documents) (No. 3) Regulations 1995	S.I. 1995/1508
The Companies (Forms) (Amendment) Regulations 1996	S.I. 1996/594
The Companies (Welsh Language Forms and Documents) Regulations 1996	S.I. 1996/595
The Companies (Principal Business Activities) (Amendment) Regulations 1996	S.I. 1996/1105
The Companies (Forms) (Amendment) Regulations 1998	S.I. 1998/1702
The Companies (Forms) (Amendment) Regulations 1999	S.I. 1999/2356
The Companies (Welsh Language Forms) (Amendment) Regulations 1999	S.I. 1999/2357
The Companies (Forms) (Amendment) (No. 2) Regulations 1999	S.I. 1999/2678
The Companies (Welsh Language Forms) (Amendment) (No. 2) Regulations 1999	S.I. 1999/2679
The Companies (Welsh Language Forms) (Amendment) Regulations 2000	S.I. 2000/2413
The Limited Liability (Welsh Language Forms) Regulations 2001	S.I. 2001/2917
The Limited Liability Partnerships (Forms) Regulations 2002	S.I. 2002/690
The Companies (Forms) (Amendment) Regulations 2002	S.I. 2002/691
The Companies (Principal Business Activities) (Amendment) Regulations 2002	S.I. 2002/3081
The Limited Liability Partnerships (Welsh Language Forms) Regulations 2003	S.I. 2003/61
The Companies (Welsh Language Forms) Regulations 2003	S.I. 2003/62
The Companies (Forms) (Amendment) Regulations 2003	S.I. 2003/2982
The Companies (Welsh Language Forms) (Amendment) Regulations 2005	S.I. 2005/2746
The Companies (Forms) (Amendment) Regulations 2005	S.I. 2005/2747
The Companies (Welsh Language Forms) (Amendment) Regulations 2008	S.I. 2008/1860
The Companies (Forms) (Amendment) Regulations 2008	S.I. 2008/1861

PART 2 Regulations partially revoked

Regulations	References	Extent of revocation
The Companies Act 1985 (Annual Return) and Companies (Principal Business Activities) (Amendment) Regulations 2008	S.I. 2008/1659	Regulation 5

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke a number of instruments relating to prescribed forms for companies and limited liability partnerships that are no longer required.

Regulation 2 amends a transitional provision in the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (S.I. 2008/2860) and applies the requirements as to form, authentication and manner of delivery in the Companies Act 2006 to documents that are delivered to the registrar from 1st October 2013, regardless of when the obligation to deliver arose.

Regulation 3 revokes Regulations that contain prescribed forms and requirements as to delivery that are redundant as a consequence of the change made by regulation 2.

A regulatory impact assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.

(1)

S.I. 2008/2860, as amended by S.I. 2009/1802; there are other amending instruments but none is relevant.

(2)

1985 c.6. These provisions of the Act listed in paragraph 1 were repealed by s.1295 and para. 1 of Schedule 16 to the Companies Act 2006 c.46 subject to savings made by: para. 1 of Schedule 5 to S.I. 2006/3428; paras. 13 and 52 of Schedule 3 to S.I. 2007/2194; para. 26 of Schedule 4 to S.I. 2007/3495; paras. 1, 31(2), 47(2), 77(2), 80(2), 81(2), 110 and 115 of Schedule 2 to S.I. 2008/2860; and paras. 40 and 41 of Schedule 2 to S.I. 2009/2436.

(3)

1989 c.40.

(4)

2006 c.46.

(5)

1986 c.45.

(6)

1989 c.15. Paragraph 71 was repealed by s.1295 and para. 1 of Sch. 16 to the Companies Act 2006 subject to savings made by article 9 and Schedule 3 to S.I. 2007/2194.

(7)

1993 c.38.