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The Companies Act 2006 (Consequential Amendments etc) Order 2008

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Energy Act 2004 (c.20)

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228.—(1) Schedule 6 to the Energy Act 2004 (structure etc of transferee companies) is amended as follows.

(2) In paragraph 6 (distributable reserves of transferee companies)—

(a)in sub-paragraph (2)(a), for “section 263 of the Companies Act 1985” substitute “section 830 of the Companies Act 2006”;

(b)in sub-paragraph (3), for “section 264 of the Companies Act 1985” substitute “section 831 of the Companies Act 2006”;

(c)in sub-paragraph (8)—

(i)in the definition of “accounting reference period” for “section 224 of the Companies Act 1985” substitute “section 391 of the Companies Act 2006”;

(ii)in the definition of “called-up share capital”, for “that Act” substitute “the Companies Act 1985”;

(iii)in the definition of “net assets” for “section 264(2)” substitute “section 831(2) of the Companies Act 2006”;

(iv)in the definition of “undistributable reserves” for “section 264(3)” substitute “section 831(4)”.

(3) In paragraph 7 (dividends)—

(a)in sub-paragraph (2)—

(i)in the opening words, for “sections 270 to 276 of the Companies Act 1985” substitute “sections 836 to 840”;

(ii)in paragraph (a), for “section 270” substitute “section 836”;

(iii)in paragraph (b), for “section 273” substitute “section 839”;

(iv)in the closing words, for “section 226” substitute “section 394”;

(b)in sub-paragraph (5), in the definition of “accounting reference period”, for “section 224 of the Companies Act 1985” substitute “section 391 of the Companies Act 2006”.

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