Companies Act 2006

[F11225BDirections: supplementaryU.K.
This section has no associated Explanatory Notes

(1)Before giving a direction to a body under section 1225A, the Secretary of State must give the body a notice (a “notice of proposed direction”) accompanied by a copy of the proposed direction.

(2)A notice of proposed direction must—

(a)state that the Secretary of State proposes to give the body a direction in the form of the accompanying draft,

(b)identify the requirement or obligation in question and state why it appears to the Secretary of State that the requirement is not satisfied or the obligation has not been complied with,

(c)specify a period within which the body may make written representations with respect to the proposal.

(3)The period specified under subsection (2)(c)—

(a)must begin with the date on which the notice of proposed direction is given to the body, and

(b)must not be less than 14 days.

(4)Written representations made by the body within the period specified under subsection (2)(c) must be considered by the Secretary of State.

(5)After considering any such representations or, in their absence, on the expiry of the period specified under subsection (2)(c), the Secretary of State must decide whether to give the body the proposed direction.

(6)The Secretary of State must give notice of the decision (a “direction decision notice”) to the body.

(7)Where the Secretary of State decides to give the proposed direction, the direction decision notice must—

(a)contain the direction,

(b)state the time at which the direction is to take effect, and

(c)specify the Secretary of State's reasons for the decision to give the direction.

(8)Where the Secretary of State decides to give the proposed direction, the Secretary of State must publish the direction decision notice in such manner as the Secretary of State considers appropriate for bringing the direction to the attention of persons likely to be affected.

(9)The Secretary of State may revoke a direction given to a body under section 1225A and, where doing so, must—

(a)give the body notice of the revocation, and

(b)publish the notice in the same manner as the direction decision notice was published.]

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