SCHEDULE 1CONSEQUENTIAL AMENDMENTS
Commonhold and Leasehold Reform Act 2002 (c. 15)194
1
The Commonhold and Leasehold Reform Act 2002 is amended as follows.
2
In section 1(1)(b)
(commonhold land), for “memorandum of association” substitute “
articles of association
”
.
3
In section 5(1)(d)
(registered details), for “memorandum and articles of association” substitute “
articles of association
”
.
4
In section 8(3)(c)
(transitional period: relevant provisions), for “memorandum or articles” substitute “
articles
”
.
5
In section 13(6)(c)
(references to joint unit-holders), for “memorandum or articles of association” substitute “
articles of association
”
.
6
In section 31 (commonhold community statement: form and content)—
a
in subsection (4)(b) for “memorandum or articles” substitute “
articles
”
, and
b
in subsection (9)(d) for “memorandum or articles of association” substitute “
articles of association
”
.
7
In section 34 (constitution of a commonhold association), for subsection (1) substitute—
1
A commonhold association is a private company limited by guarantee—
a
the articles of which state that an object of the company is to exercise the functions of a commonhold association in relation to specified commonhold land, and
b
the statement of guarantee of which specifies £1 as the amount of the contribution required from each member in the event of the company being wound up.
8
In section 36(2) and (3)(b)
(voting) for “memorandum or articles of association” substitute “
articles of association
”
.
9
In section 37(1)(b)
(enforcement of commonhold rights), for “memorandum or articles” substitute “
articles
”
.
10
In section 40(1)(a)
(rectification of documents), for “memorandum or articles of association” substitute “
articles of association
”
.
11
In section 51(3)(b)
(succession order), for “memorandum and articles of association” substitute “
articles of association
”
.
12
In section 57(2)
(multiple site commonholds), for “memorandum of association” substitute “
articles of association
”
.
13
In section 58(4)(b)
(development rights), for “memorandum and articles of association” substitute “
articles of association
”
.
14
In section 69 (interpretation)—
a
in subsection (1), for the definition of “object” substitute—
“object”, in relation to a commonhold association, means an object stated in the association's articles of association (see section 31 of the Companies Act 2006);
b
in subsection (3), for “the Companies Act 1985” substitute “
the Companies Act 2006
”
.
15
In section 73(2)(b)
(RTM companies), for “memorandum of association states” substitute “
articles of association state
”
.
16
In section 74 (RTM companies: membership and regulations)—
a
in subsection (2) for “memorandum of association and articles of association” substitute “
articles of association
”
;
b
in subsections (3) and (5) for “memorandum or articles” substitute “
articles
”
;
c
in subsection (6)—
i
in the opening words, for “a memorandum or articles” substitute “
articles
”
, and
ii
in paragraph (a), for “memorandum or articles” substitute “
articles
”
;
d
for subsection (7) substitute—
7
Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a RTM company.
17
In section 78(4)(a) and (b) and (5)(a) and (c)
(notice inviting participation) for “memorandum of association and articles of association” substitute “
articles of association
”
.
18
In section 87(4)(d)
(deemed withdrawal of claim notice if RTM company struck off), for “section 652 or 652A of the Companies Act 1985” substitute “
section 1000, 1001 or 1003 of the Companies Act 2006
”
.
19
In section 105(3)(d)
(cessation of right to manage if RTM company struck off), for “section 652 or 652A of the Companies Act 1985” substitute “
section 1000, 1001 or 1003 of the Companies Act 2006
”
.
20
In Schedule 1 (application for registration of a freehold estate in commonhold land)—
a
in paragraph 2, for “certificate of incorporation under section 13 of the Companies Act 1985” substitute “
certificate of incorporation under section 15 of the Companies Act 2006
”
;
b
in paragraph 3, for “section 28 of that Act” substitute “
section 80 of that Act (change of name)
”
;
c
in paragraphs 4 and 7(a), for “memorandum and articles of association” substitute “
articles of association
”
.