Part IIU.K. Reconstitution of British Transport Docks Board

10 Provisions of the Companies Acts applying to Associated British Ports.U.K.

(1)The provisions of [F1The Companies Acts] mentioned in subsection (2) apply to Associated British Ports, subject to the adaptations specified in subsection (3), as if Associated British Ports were a public company registered in England and Wales under [F2the Companies Act 2006] and as if the directors of Associated British Ports were the directors of such a company; and the supplementary provisions of those Acts relating to the interpretation, operation and enforcement of those provisions apply accordingly.

[F3(2)The provisions of the Companies Acts referred to in subsection (1) are the following—

Subject matterProvisions applied
1.Financial assistance for purchase of shares, &c.Chapter 2 of Part 18 of the Companies Act 2006.
2.Registration of charges.Chapter 1 of Part 25 of that Act.
3.Accounts and reports.Part 15 of that Act.
4.Audit.Part 16 of that Act.
5.Disclosure by directors of interests in contracts, &c.Chapter 3 of Part 10 of that Act.
6.Power of Court to give relief in certain cases.Section 1157 of that Act.
7.Restrictions on distributions.Part 23 of that Act.]

(3)The provisions mentioned in subsection (2) apply to Associated British Ports with the following adaptations—

(a)any reference to the date of incorporation of Associated British Ports shall be construed as a reference to the appointed day;

(b)any reference to the registered office of Associated British Ports shall be construed as a reference to its principal office;

(c)any reference to the members of Associated British Ports shall be construed as a reference to the Holding Company and any reference to shares in Associated British Ports shall be disregarded;

(d)documents required to be laid before Associated British Ports in general meeting shall instead be sent to the Holding Company, and any reference to documents so laid shall be construed accordingly.

(4)The Secretary of State may by regulations make such amendments of subsections (1) to (3) as appear to him necessary or expedient in consequence of changes in company law coming into force after the passing of this Act.

(5)Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1By The Companies Act 2006 (Consequential Amendments etc) Order (S.I. 2008/948), art. 2(2), Sch. 1 para. 51(2)(a) (with arts. 6, 11, 12) it is provided that the words “The Companies Acts 1948 to 1981” in s. 10(1) are substituted (6.4.2008) for the words “The Companies Acts”