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1.—(1) For the purposes of this Schedule an “old public company” is a company limited by shares, or a company limited by guarantee and having a share capital, in respect of which the following conditions are met.
(2) In relation to a company registered in Great Britain, the conditions are that—
(a)the company either existed on 22nd December 1980 or was incorporated after that date pursuant to an application made before that date,
(b)on that date or, if later, on the day of the company’s incorporation, the company was not or (as the case may be) would not have been a private company within the meaning of section 28 of the Companies Act 1948(1), and
(c)the company has not since that date or the day of the company’s incorporation (as the case may be) either been re-registered as a public company or become a private company.
(3) In relation to a company registered in Northern Ireland, the conditions are that—
(a)the company either existed on 1st July 1983 or was incorporated after that date pursuant to an application made before that date,
(b)on that date or, if later, on the date of the company’s incorporation, the company was not or (as the case may be) would not have been a private company within the meaning of section 28 of the Companies Act (Northern Ireland) 1960(2), and
(c)the company has not since that date or the date of the company’s incorporation (as the case may be) either been re-registered as a public company or become a private company.
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