The Company and Business Names (Amendment) Regulations 2001

Regulations made by the Secretary of State, laid before Parliament under section 29(6) of the Companies Act 1985 and section 6(2) of the Business Names Act 1985, for approval by resolution of each House of Parliament within 28 days beginning with the day on which the regulations were made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

2001 No. 259

COMPANIES

BUSINESS NAMES

The Company and Business Names (Amendment) Regulations 2001

Made

1st February 2001

Laid before Parliament

2nd February 2001

Coming into force

10th May 2001

The Secretary of State, in exercise of his powers under section 29 of the Companies Act 1985(1) and sections 3 and 6 of the Business Names Act 1985(2) hereby makes the following Regulations:—

1.  These Regulations may be cited as the Company and Business Names (Amendment) Regulations 2001 and shall come into force on 10th May 2001.

2.  In these Regulations—

“the 1981 Regulations” means the Company and Business Names Regulations 1981(3);

“the Act” means the Business Names Act 1985.

3.  In column (1) of the Schedule to the 1981 Regulations, for the words from “Chamber of Commerce” to “Chamber of Trade” there shall be substituted the following—

• “Chamber (or Chambers) of Business (or their Welsh equivalents, Siambr Fusnes; Siambrau Busnes)

• Chamber (or Chambers) of Commerce (or their Welsh equivalents, Siambr Fasnach; Siambrau Masnach)

• Chamber (or Chambers) of Commerce and Industry (or their Welsh equivalents, Siambr Masnach a Diwydiant; Siambrau Masnach a Diwydiant)

• Chamber (or Chambers) of Commerce, Training and Enterprise (or their Welsh equivalents, Siambr Masnach, Hyfforddiant a Menter; Siambrau Masnach, Hyfforddiant a Menter)

• Chamber (or Chambers) of Enterprise (or their Welsh equivalents, Siambr Fenter; Siambrau Menter)

• Chamber (or Chambers) of Industry (or their Welsh equivalents, Siambr Ddiwydiant; Siambrau Diwydiant)

• Chamber (or Chambers) of Trade (or their Welsh equivalents, Siambr Fasnach; Siambrau Masnach)

• Chamber (or Chambers) of Trade and Industry (or their Welsh equivalents, Siambr Masnach a Diwydiant; Siambrau Masnach a Diwydiant)

• Chamber (or Chambers) of Training (or their Welsh equivalents, Siambr Hyfforddiant; Siambrau Hyfforddiant)

• Chamber (or Chambers) of Training and Enterprise (or their Welsh equivalents, Siambr Hyfforddiant a Menter; Siambrau Hyfforddiant a Menter)”.

4.—(1) Sections 2 and 3 of the Act do not apply to the carrying on of a business by a person under a name which includes any word or expression specified for the purposes of those sections by virtue of the amendment made by regulation 3 above to the 1981 Regulations, if—

(a) he carried on that business immediately before 10th May 2001; and

(b) he continues to carry it on under the name which immediately before that day was its lawful business name.

(2) Nor do sections 2 and 3 of the Act apply to the carrying on of a business by a person to whom the business has been transferred on or after 10th May 2001 during the period of 12 months beginning with the date of transfer so long as he continues to carry it on under the name which was its lawful business name immediately before the date of transfer.

Kim Howells

Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,

Department of Trade and Industry

1st February 2001

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Company and Business Names Regulations 1981 (S.I. 1981/1685) (“the 1981 Regulations”). The 1981 Regulations specify certain words and expressions for the purposes of section 26 of the Companies Act 1985 and section 2 of the Business Names Act 1985. Under those sections the Secretary of State’s approval is required for the use of such words and expressions in (respectively) a company or business name.

2.  These Regulations amend the 1981 Regulations by substituting for the expressions “Chamber of Commerce”, “Chamber of Commerce, Training and Enterprise”, “Chamber of Industry” and “Chamber of Trade” which are currently specified, the expressions specified in regulation 3.

3.  The amendment to the 1981 Regulations made by regulation 3 is subject to transitional provisions in regulation 4. These allow the continued use of a business name lawfully used prior to the coming into force of regulation 3 until 12 months after any transfer of the business concerned.

4.  A Regulatory Impact Assessment of these Regulations is available from the Department of Trade and Industry, Company Law and Investigations Directorate, Room 507, 1 Victoria Street, London SW1H 0ET. A copy has also been placed in the libraries of both Houses of Parliament.

(1)

1985 c. 6.

(2)

1985 c. 7.

(3)

S.I. 1981/1685, as amended by S.I.s. 1982/1653, 1992/1196 and 1995/3022.