Deregulation and Contracting Out Act 1994

3 (1) Section 653 (objection to striking off by persons aggrieved) shall be amended as follows. E+W+S

(2) In subsection (1)—

(a) for “The following” there shall be substituted “ Subsection (2) ”, and

(b) at the end there shall be inserted “ under section 652. ”

(3) After subsection (2) there shall be inserted—

“(2A) Subsections (2B) and (2D) apply if a company has been struck off the register under section 652A.

(2B) The court, on an application by a notifiable person made before the expiration of 20 years from publication in the Gazette of notice under section 652A(4), may, if satisfied—

(a) that any duty under section 652B or 652C with respect to the giving to that person of a copy of the company’s application under section 652A was not performed,

(b) that the making of the company’s application under section 652A involved a breach of duty under section 652B(1) or (3), or

(c) that it is for some other reason just to do so,

order the company’s name to be restored to the register.

(2C) In subsection (2B), “notifiable person” means a person to whom a copy of the company’s application under section 652A was required to be given under section 652B or 652C.

(2D) The court, on an application by the Secretary of State made before the expiration of 20 years from publication in the Gazette of notice under section 652A(4), may, if satisfied that it is in the public interest to do so, order the company’s name to be restored.”

(4) In subsection (3)—

(a) for “the order” there shall be substituted “ an order under subsection (2), (2B) or (2D) ”, and

(b) after “company”, in the first place where it occurs, there shall be inserted “ to which the order relates ”.