Companies (Northern Ireland) Order 1986 (Electronic Communications) Order (Northern Ireland) 2003

Article 29(2)

SCHEDULE 2 AMENDMENT OF THE COMPANIES (SUMMARY FINANCIAL STATEMENT) REGULATIONS (NORTHERN IRELAND) 1996

1.  The Companies (Summary Financial Statement) Regulations (Northern Ireland) 1996 are amended as follows.

2.—(1) Regulation 2 (interpretation) is hereby renumbered regulation 2(1), and the following definitions are inserted at the appropriate places–

““address” means the same as in Article 270(1) of the Companies (Northern Ireland) Order 1986;

“communication” means the same as in the Electronic Communications Act (Northern Ireland) 2001;

“electronic communication” means the same as in the Electronic Communications Act (Northern Ireland) 2001;”.

(2) Insert the following sub-paragraph after regulation 2(1)–

“(2) References in these Regulations to sending an entitled person copies of the full accounts and reports include sending such copies in accordance with Article 246 (4A) and (4B), and references to sending an entitled person a summary financial statement include sending such a statement in accordance with Article 259 (2A) and (2B)”.

3.  In regulation 4 (ascertainment of entitled person’s wishes)–

(a) in paragraph (2)(a) omit the words “in writing”,

(b) in paragraph (3), after the words “paragraph (2)(a)” insert the words “and subject to paragraph (3A)”, and

(c) insert the following sub-paragraph after sub-paragraph (3)–

“(3A) If a relevant notification is not in writing, it must be contained in an electronic communication transmitted to the company at an address specified by or on behalf of the company for that purpose.”.

4.—(1) Regulation 5 (consultation by notice) is amended as follows.

(2) In paragraph (1)–

(a) for the words “authorised by the company's” substitute the words “in which the company may send notices of meetings pursuant to the 1986 Order or its”,

(b) in sub-paragraph (a) for the words “in writing” substitute “either in writing or by sending the notification in an electronic communication to an address specified for that purpose”, and

(c) in sub-paragraph (c) omit the word “printed”.

(3) In paragraph (2)–

(a) for the words from “printed card” to “paid by the company”, substitute “card or form (in respect of which, in the case of a card or form sent by post, any postage necessary for its return to the company has been, or will be, paid by the company),”, and

(b) after the words “returning the card or form” insert “either by post or in an electronic communication sent to a specified address”.

(4) In paragraph (3), omit the word “printed”.

5.—(1) Regulation 6 (relevant consultation) is amended as follows.

(2) In paragraph (2)–

(a) for the words “authorised by the company's” substitute the words “in which the company may send notices of meetings pursuant to the 1986 Order or its”,

(b) in sub-paragraph (a), for the words “in writing” substitute “either in writing or by sending the notification in an electronic communication to an address specified for that purpose”, and

(c) in sub-paragraph (d)–

(i) omit the word “printed”,

(ii) after the words “in respect of which” insert “, in the case of a card or form sent by post,”, and

(iii) after the words “returning the card or form” insert “either by post or in an electronic communication sent to a specified address”.

6.  In sub-paragraph (5)(b) of regulation 7 (provisions applying to all companies and groups), omit the words “in writing”.