The Companies (Fees) (Amendment No. 2) Regulations 2002

Statutory Instruments

2002 No. 2894

COMPANIES

The Companies (Fees) (Amendment No. 2) Regulations 2002

Approved by both Houses of Parliament

Made

21st November 2002

Laid before Parliament

21st November 2002

Coming into force

1st January 2003

The Secretary of State, in exercise of the powers conferred on her by section 708 (1) and (2) of the Companies Act 1985(1), and of all other powers enabling her in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Companies (Fees) (Amendment No. 2) Regulations 2002, and shall come into force on 1st January 2003.

2.  In these Regulations, the “1991 Regulations” shall mean the Companies (Fees) Regulations 1991(2).

3.  The Schedule to the 1991 Regulations is amended by:

(a) deleting entries 4, 5, 7A, 9, 10, 11, 12, 13, 14, 16(b) and 18 in the first column of the Schedule to the 1991 Regulations and the respective sums specified in relation to those entries in the second column of those Regulations;

(b) inserting the following entry after entry 20B—

“21.   For a paper copy of a document (not members list) relating to a branch or undertaking recorded and kept by the registrar of companies and delivered by post:
(a) in respect of one document	£3.00.
(b) in respect of each additional document (not members list) relating to the same company requested on the same occasion.	£2.50.”

4.  Regulation 2 of the 1991 Regulations is amended by deleting the definitions of “basic set of microfiche copies”, “excluded documents”, and “on-line request”.

Melanie Johnson,

Parliamentary Under-Secretary of State for, Competition, Consumers and Markets,

Department of Trade and Industry

21st November 2002

Explanatory Note

(This note is not part of the Regulations)

These regulations govern the statutory fees for microfiche based information services for companies.

1.  The Regulations amend the Companies (Fees) Regulations 1991, as amended by the Companies (Fees) (Amendment) Regulations 1992, the Companies (Fees) (Amendment) Regulations 1994, the Companies (Fees) (Amendment) Regulations 1995, the Companies (Fees) (Amendment) Regulations 1996, the Companies (Fees) (Amendment) Regulations 1998, the Companies (Fees) (Amendment) Regulations 2000 and the Companies (Fees) (Amendment) Regulations 2002, which require the payment of fees in respect of functions performed by the registrar of companies under the Companies Act 1985.

2.  As of 31st December 2002, the registrar of companies will dispense with the practice of updating records held in microfiche form (though the archive of existing microfiche records will not be destroyed). This means that documents received after that cut-off date will not be added to a branch or undertaking’s microfiche record and current company information will instead be provided in paper or electronic form. Regulation 3(a) accordingly deletes references in the 1991 Regulations to all fees relating to microfiche-based services.

3.  To ensure that an alternative remains for persons who do not wish to obtain information relating to a branch or undertaking by electronic means, there will be a service whereby a person may request a paper copy of a document relating to a branch or undertaking recorded and kept by the registrar of companies. Such copy will be delivered by post. Regulation 3(b) accordingly states the fee for the paper-based service.

4.  Regulation 4 amends the Companies (Fees) Regulations 1991, as amended, by deleting those definitions which are redundant following the deletion of entries 4, 5, 7A, 9, 10, 11, 12, 13, 14, 16b and 18 in the first column of the Schedule to the 1991 Regulations.

(1)

1985 c. 6; section 708(1) has been amended by sections 127(2) and 212 of, and by Schedule 24 to, the Companies Act 1989 (c. 40).

(2)

S.I. 1991/1206, as amended by S.I. 1992/2876, S.I. 1994/2217, S.I. 1995/1423, S.I. 1996/1444, S.I. 1998/3088, S.I. 2000/3325 and S.I. 2002/317.