SCHEDULE 1Modification of enactments

PART 1Primary legislation

Companies Act 200629

1

The Companies Act 200658 is amended as follows.

2

In section 102(5) (re-registration of private limited company as unlimited)—

a

for paragraph (a) substitute—

a

a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;

b

in paragraph (b), for “1985” substitute “2016”.

3

In section 109(5) (re-registration of public company as private and unlimited)—

a

for paragraph (a) substitute—

a

a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;

b

in paragraph (b), for “1985” substitute “2016”.

4

In section 148(4)(a)(ii) (termination or suspension of nomination), for “1985 (c.66)” substitute “2016”.

5

In section 310(3)(b) (persons entitled to receive notice of meetings), for “1985 (c.66)” substitute “2016”.

6

In section 982(8) (further provision about consideration held on trust under section 981(9) of the Companies Act 2006)—

a

for “58 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “150 of the Bankruptcy (Scotland) Act 2016”; and

b

for “57(1)(a)” substitute “148(3)”.

7

In Part 6 of Schedule 5 (communications by a company: supplementary provisions), in paragraph 17(5)—

a

in paragraph (b), for “1985 (c.66)” substitute “2016”; and

b

for “permanent or interim trustee (within the meaning of that Act)” substitute “trustee or interim trustee (under that Act)”.