- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2008)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/07/2015
Point in time view as at 06/04/2008.
There are currently no known outstanding effects for the The European Grouping of Territorial Cooperation Regulations 2007.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Instruments
EUROPEAN COMMUNITIES
Made
9th July 2007
Laid before Parliament
10th July 2007
Coming into force
1st August 2007
The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.
1.—(1) These Regulations may be cited as the European Grouping of Territorial Cooperation Regulations 2007.
(2) These Regulations come into force on 1st August 2007.
Commencement Information
I1Reg. 1 in force at 1.8.2007, see reg. 1(2)
2.—(1) In these Regulations—
[F1“the 2006 Act” means the Companies Act 2006];
“the 1986 Act” means the Insolvency Act 1986(3);
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(4);
“the EC Regulation” means Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European grouping of territorial cooperation(5);
“EGTC” means a European grouping of territorial cooperation formed under the EC Regulation;
“the Insolvency Rules” means in the case of a UK EGTC with its registered office in England and Wales the Insolvency Rules 1986(6), in the case of a UK EGTC with its registered office in Scotland the Insolvency (Scotland) Rules 1986(7), or in the case of a UK EGTC with its registered office in Northern Ireland the Insolvency Rules (Northern Ireland) 1991(8);
“UK EGTC” means an EGTC which has its registered office in the United Kingdom.
(2) In any provision of an enactment applied to a UK EGTC by virtue of these Regulations—
“articles” means the statutes of a UK EGTC;
“board of directors” means the assembly of a UK EGTC, and all the directors of a UK EGTC if more than one, and if only one, the director of a UK EGTC ;
“company” means a UK EGTC;
“director” or “past director” of a company means a director or former director of a UK EGTC, a member or former member of the assembly of a UK EGTC or any other person who has or has had control of management of a UK EGTC’s business;
“officer” means a director or a member of the assembly of a UK EGTC, or a member of any other organ of a UK EGTC provided for in its statutes;
“registered office” means the office specified in the convention of an EGTC to be its registered office;
“ordinary resolution”, “written resolution” and “general meeting” mean the procedures of a UK EGTC set out in its statutes which most closely correspond to those things as provided for in [F2the 2006 Act],
and other expressions used in these Regulations and defined [F3in the 2006 Act].
Textual Amendments
F1Words in reg. 2(1) substituted (6.4.2008) by The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(2)
F2Words in reg. 2(2) substituted (6.4.2008) by The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(3)(a)
F3Words in reg. 2(2) substituted (6.4.2008) by The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(3)(b)
Commencement Information
I2Reg. 2 in force at 1.8.2007, see reg. 1(2)
3. A body falling within one of the categories set out in Article 3(1) of the EC Regulation which by virtue of any enactment is restricted in its ability to be a member of a company shall be restricted to the same extent in its ability to be a member of an EGTC.
Commencement Information
I3Reg. 3 in force at 1.8.2007, see reg. 1(2)
4.—(1) For the purposes of Article 5(1) of the EC Regulation the statutes referred to in article 9 of the EC Regulation shall be published—
(a)in the case of a UK EGTC with a registered office in England and Wales, in the London Gazette;
(b)in the case of a UK EGTC with a registered office in Scotland, in the Edinburgh Gazette;
(c)in the case of a UK EGTC with a registered office in Northern Ireland, in the Belfast Gazette.
F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 4(2) omitted (6.4.2008) by virtue of The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(4)
Commencement Information
I4Reg. 4 in force at 1.8.2007, see reg. 1(2)
5.—(1) The Secretary of State shall be the competent authority for the purpose of receiving the notifications and documents under article 4(2) of the EC Regulation.
(2) The Secretary of State shall be the competent body for the purpose of prohibiting under article 13 of the EC Regulation any activity carried on in the United Kingdom by an EGTC where such an activity is in contravention of any enactment or rule of law providing for public policy, public security, public health or public morality, or in contravention of the public interest of the United Kingdom.
(3) The High Court (in Scotland, the Court of Session) shall be the competent court for the purpose of ordering the winding up of a UK EGTC under article 14(1).
Commencement Information
I5Reg. 5 in force at 1.8.2007, see reg. 1(2)
6.—[F5(1) The following provisions in the 2006 Act about accounts and audit shall apply as if a UK EGTC were a company entitled to prepare accounts in accordance with the small companies regime—
(a)Chapter 2 of Part 15 (accounting records);
(b)section 390 (financial year);
(c)section 391 (accounting reference periods and accounting reference date), except that references to the date of being incorporated and of incorporation shall be treated as references to the date of publication in the Gazette of the EGTC’s statutes pursuant to these Regulations;
(d)Chapters 4, 5 and 7 of Part 15 (annual accounts, directors’ report and publication);
(e)Chapter 11 of Part 15 (revision of defective accounts and reports), except section 456(2) and (7);
(f)section 464(2) (accounting standards);
(g)section 469 (preparation and filing of accounts in euros);
(h)section 471 (meaning of “annual accounts” and related expressions);
(j)section 472 (notes to the accounts);
(k)section 475 (requirement for audited accounts), except—
(i)the words “section 477 (small companies), or” in subsection (1)(a);
(ii)subsection (1)(b);
(l)section 476 (right of members to require audit);
(m)sections 480 and 481 (exemption from audit: dormant companies);
(n)sections 495 and 496 (auditor’s report);
(o)section 498 to 501 (duties and rights of auditors);
(p)section 503 (signature of auditor’s report), except that the reference in subsection (3) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm;
(q)section 505 (names to be stated in published copies of auditor’s report), except—
(i)that the reference in subsection (1)(a) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm, and
(ii)subsection (1)(b).]
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A UK EGTC shall—
(a)make its latest accounts available for inspection at its registered office by any person, without charge and during business hours;
(b)supply a copy of those accounts to any person on request at a price not exceeding the administrative cost of making and supplying the copy.
(4) The members of a UK EGTC shall appoint an auditor in accordance with the decision-making procedures contained in the statutes of that UK EGTC.
[F7(5) The auditor of a UK EGTC must be a person who—
(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, and
(b)if the appointment were an appointment as a statutory auditor, would not be prohibited from acting by section 1214 of that Act (independence requirement).]
Textual Amendments
F5Reg. 6(1) substituted (6.4.2008) by The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(5)
F6Reg. 6(2) omitted (6.4.2008) by virtue of The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(6)
F7Reg. 6(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 36 (with arts. 6, 11, 12)
Commencement Information
I6Reg. 6 in force at 1.8.2007, see reg. 1(2)
7. A UK EGTC shall be wound up as an unregistered company under Part 5 of the 1986 Act, or in the case of a UK EGTC with a registered office in Northern Ireland, under Part 6 of the 1989 Order, and the provisions of—
(a)that Act (or in the case of Northern Ireland, that Order), and
(b)the Insolvency Rules,
shall apply to that UK EGTC with the modifications set out in Parts 2 and 3 of the Schedule to these Regulations.
Commencement Information
I7Reg. 7 in force at 1.8.2007, see reg. 1(2)
8. A UK EGTC may not be formed with a member which has limited liability.
Commencement Information
I8Reg. 8 in force at 1.8.2007, see reg. 1(2)
9. Where a UK EGTC is wound up as an unregistered company under Part 5 of the 1986 Act, or in the case of a UK EGTC with a registered office in Northern Ireland, under Part 6 of the 1989 Order, the provisions of the Company Directors Disqualification Act 1986(9) (“the 1986 Act”), or in the case of Northern Ireland, the Company Directors Disqualification (Northern Ireland) Order 2002(10), shall apply to a UK EGTC as if it were a company as defined by section 22(2)(b) of that Act, or as the case may be, by article 2(2) of that Order.
Commencement Information
I9Reg. 9 in force at 1.8.2007, see reg. 1(2)
10. Where an enactment referred to in regulation 6, 7 or 9 provides a penalty for an offence which would exceed the limit in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972, the limit in that paragraph shall apply to that penalty.
Commencement Information
I10Reg. 10 in force at 1.8.2007, see reg. 1(2)
Stephen Timms
Minister of State for Competitiveness and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
Regulations 6 and 7
Textual Amendments
F8Sch. Pt. 1 omitted (6.4.2008) by virtue of The European Grouping of Territorial Cooperation (Amendment) Regulations 2008 (S.I. 2008/728), regs. 1, 2(7)
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
6. Sections 117(2) to (5) (county court jurisdiction), 118 (proceedings taken in the wrong court), 119 (proceedings in county court) and 120(3) and (5) (sheriff court jurisdiction) of the 1986 Act do not apply.U.K.
Commencement Information
I11Sch. para. 6 in force at 1.8.2007, see reg. 1(2)
7. In section 221(1) of the 1986 Act and article 185(1) of the 1989 Order (winding up of unregistered companies) after the words “all the provisions” there shall be added the words “of Regulation (EC) No 1082/2006 of the European Parliament and of the Council and”.U.K.
Commencement Information
I12Sch. para. 7 in force at 1.8.2007, see reg. 1(2)
8. Any requirement in the Insolvency Rules to provide the registrar of companies with information in relation to the winding up of an unregistered company, shall not apply where such a company is a UK EGTC.U.K.
Commencement Information
I13Sch. para. 8 in force at 1.8.2007, see reg. 1(2)
9. In rule 4.21 of the Insolvency Rules 1986(11) and rule 4.021 of the Insolvency Rules (Northern Ireland) 1991(12) (transmission and advertisement of order) the court is required to serve two copies of the winding-up order on the official receiver.U.K.
Commencement Information
I14Sch. para. 9 in force at 1.8.2007, see reg. 1(2)
(This note is not part of the Regulations)
These Regulations make provision supplementing Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European grouping of territorial cooperation (O.J. No L210, 31.7.2006, p.19) (“the EC Regulation”) for the effective application of the EC Regulation in the United Kingdom.
The EC Regulation provides for the creation of a new form of body corporate, the European grouping of territorial cooperation (“EGTC”). It will be governed by the EC Regulation. An EGTC formed in the United Kingdom will also be governed by these Regulations.
Although directly applicable in the territory of the Community, the EC Regulation obliges each Member State to make arrangements in relation to a prospective member of an EGTC which is formed under its law and in relation to an EGTC the registered office of which is on its territory. The Regulations therefore:
(a)make provision as to the establishment of an EGTC and a UK EGTC (regulations 3, 4 and 5(1));
(b)contain provisions about what accounts and insolvency provisions are to apply to a UK EGTC (regulations 6 and 7);
(c)contain provisions needed to achieve the effective application of the EC Regulation (regulations 5(2) and (3), 9 and 10).
The EC Regulation also enables Member States to exercise options set out in the EC Regulation. Regulation 8 exercises the option in Article 7(3) of the EC Regulation.
An Impact Assessment has not been prepared for this instrument, as it has no impact on business, charities or the voluntary sector.
A Transposition Note is available from the Company Law and Governance Directorate, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET. A copy has also been placed in the libraries of both Houses of Parliament.
O.J. No L210, 31.7.2006, p.19.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys