The Companies (Cross-Border Mergers) Regulations 2007

Regulation 4

2.—(1) Regulation 4 is modified as follows.

(2) Until the entry into force of section 1081 of the Companies Act 2006 (annotation of the register), omit paragraph (1)(a).

(3) Until the entry into force of section 1112 of the Companies Act 2006 (offence of false statement to registrar), omit paragraph (1)(c).

(4) Until the entry into force of section 1113 of the Companies Act 2006 (enforcement of a company’s filing obligations)—

(a) omit paragraph (1)(d); and

(b) after paragraph (4) insert—

“(4A) Section 713 of the Companies Act 1985 or Article 662 of the Companies (Northern Ireland) Order 1986 (enforcement of company’s duty to make returns) applies for the purposes of these Regulations as it applies for the purposes of the Companies Acts.”.

(5) Until the entry into force of sections 1121 to 1123 of the Companies Act 2006 (liability of officer in default)—

(a) omit paragraph (1)(e); and

(b) after paragraph (4A) insert—

“(4B) Section 730A of the Companies Act 1985(1) or Article 678(5) of the Companies (Northern Ireland) Order 1986(2) (meaning of “officer in default”) applies to offences under these Regulations as it applies to offences under that Act or that Order.”.

(6) Until the entry into force of section 1125 of the Companies Act 2006 (meaning of “daily default fine”)—

(a) omit paragraph (1)(f); and

(b) after paragraph (4B) insert—

“(4C) Section 730(4) of the Companies Act 1985 or Article 678(4) of the Companies (Northern Ireland) Order 1986 (meaning of daily default fine) applies for the purposes of these Regulations as it applies for the purposes of Schedule 24 to that Act or Schedule 23 to that Order.”.

(7) Until the entry into force of sections 1127 and 1128 of the Companies Act 2006 (summary proceedings)—

(a) omit paragraph (1)(g); and

(b) after paragraph (4C) insert—

“(4D) Section 731 of the Companies Act 1985(3) or Article 679 of the Companies (Northern Ireland) Order 1986(4) (summary proceedings) applies to offences under these Regulations as it applies to offences under that Act or that Order.”.

(8) Until the entry into force of section 1129 of the Companies Act 2006 (legal professional privilege)—

(a) omit paragraph (1)(h); and

(b) after paragraph (4D) insert—

“(4E) Section 732(3) of the Companies Act 1985(5) or Article 680(3) of the Companies (Northern Ireland) Order 1986(6) (legal professional privilege) applies to proceedings for an offence under these Regulations as it applies to proceedings instituted under the Companies Acts by the Director of Public Prosecutions or by or on behalf of the Secretary of State or the Lord Advocate, or proceedings instituted under the 1986 Order by the Director of Public Prosecutions for Northern Ireland or by or on behalf of the Department of Economic Development.”.

(9) Until the entry into force of section 1130 of the Companies Act 2006 (proceedings against unincorporated bodies)—

(a) omit paragraph (1)(i); and

(b) after paragraph (4E) insert—

“(4F) Section 734 of the Companies Act 1985(7) or Article 680B of the Companies (Northern Ireland) Order 1986(8) (summary proceedings) applies to offences under these Regulations as it applies to offences under that Act or that Order.”.

(1)

Section 730A was inserted by paragraph 13 of Schedule 4 to the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194 (C. 84)).

(2)

Article 678(5) was amended by Article 78 of and paragraph 16 of Schedule 5 to the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)).

(3)

Section 731 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), section 5 and Schedule 4, paragraph 56(3).

(4)

Article 679 was amended by regulation 4 of and Part I of Schedule 2 to the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. 2004/307).

(5)

Section 732(3) was amended by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), section 25 and Schedule 2, paragraphs 16 and 22(c).

(6)

Article 680(3) was amended by regulation 4 of and Part I of Schedule 2 to the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. 2004/307).

(7)

Section 734 has been amended on a number of occasions, most recently by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), section 25 and Schedule 2, paragraphs 5 and 9(a).

(8)

Article 680B was amended by regulation 4 of and Part I of Schedule 2 to the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. 2004/307) and by sections 11 and 25 of and Schedule 2 to the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27).