F1Pt. XIII (arts. 402-417J) substituted (prosp.) for arts. 402-417 by 1990 NI 10, arts. 28-40 (never in operation; amending provisions repealed 1.10.2009 by 2006 c. 46, Sch. 16)
Modifications etc. (not altering text)
C1Pt. XIII excluded (21.2.2009) by Banking Act 2009 (c. 1), ss. 252(2)(b), 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 11
403.—(1) Article 402 applies to the following charges—
(a)a charge for the purposes of securing any issue of debentures,
(b )F2a charge on uncalled share capital of the company,
(c)a charge created or evidenced by an instrument which, if executed by an individual, would require registration as a bill of sale,
(d)a charge on land (wherever situated) or any interest in it, but not including a charge for any rent or other periodical sum issuing out of land,
(e)a charge on book debts of the company,
(f)a floating charge on the company's undertaking or property,
(g )F2a charge on calls made but not paid,
(h)a charge on a ship or aircraft, or any share in a ship,
(j)a charge on goodwill,[F3 or on any intellectual property].
(2) Where a negotiable instrument has been given to secure the payment of any book debts of a company, the deposit of the instrument for the purpose of securing an advance to the company is not, for the purposes of Article 402 and this Article, to be treated as a charge on those book debts.
(3) The holding of debentures entitling the holder to a charge on land is not for the purposes of this Article deemed to be an interest in land.
[F3(3A) The following are “intellectual property” for the purposes of this Article—
F4(a)any patent, trade mark,F5. . . registered design, copyright or design right;
(b)any licence under or in respect of any such right.]
(4) In this Part, “charge” includes mortgage.
F6Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}