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SCHEDULE 5TRANSITIONAL PROVISIONS AND SAVINGS

PART 3PROVISIONS COMING INTO FORCE ON 6TH APRIL 2007

Saving for existing provisions relating to fees

6.—(1) The coming into force of section 1063 of the Companies Act 2006 (fees payable to the registrar) does not affect the continued operation of any other provision under which the payment of fees to the registrar of companies may be required until—

(a)the coming into force of the repeal of the other provision; or

(b)the exercise of the power in section 1063 in a manner inconsistent with its continued operation.

(2) Notwithstanding the coming into force of the repeals in section 16 of the Limited Partnerships Act 1907(1) and the repeal of section 17(a) of that Act, the fees appointed under the said section 16 and having effect immediately before 6th April 2007 shall continue to be payable, and the rules in force under the said section 17(a) immediately before 6th April 2007 shall continue to have effect.

(3) The repeal of section 708(5) of the 1985 Act shall not prevent the registrar from continuing to charge fees thereunder of which notice had before the repeal been given to those to whom the services in question have been, are being or are to be provided (including notice by publication of a list of fees in respect of services provided to any person who seeks their provision).

Saving for certain acts done by a person as director

7.  The repeal of section 293(3) of the 1985 Act or Article 301(3) of the 1986 Order (age limit for directors: validity of acts done before it is discovered appointment has terminated) does not affect the validity of acts done by a person acting as director to whom that section or Article applied.

Saving for civil proceedings brought by Department of Enterprise, Trade and Investment

8.  The repeal of Article 431 of the 1986 Order (power of Department of Enterprise, Trade and Investment to bring civil proceedings on company’s behalf) does not affect proceedings brought under that Article before 6th April 2007.