SCHEDULES

[F2C1SCHEDULE 2D] FURTHER PROVISIONS WITH RESPECT TO CONTROLLERS OF UK COMPANIES

Annotations:
Amendments (Textual)
F2

Sch. 2D inserted (1.7.1994) by S.I. 1994/1696, reg. 35, Sch. 4

Modifications etc. (not altering text)
C1

Sch. 2D: Power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 59

Provisions supplementing sections 60 to 61A

1

1

This paragraph applies where—

a

a UK company which proposes to appoint a person as managing director or chief executive of the company;

b

a person who proposes to become a controller of such a company; or

c

a person who is a controller of such a company and who proposes to acquire a notifiable holding in the company,

has served notice on the F3Treasury under subsection (1)(a) of section 60, 61 or 61A above (“the relevant section”).

2

The F3Treasury may by notice in writing require the person serving the notice or, in a case falling within sub-paragraph (1)(a) above, the person proposed to be appointed to provide such additional information or documents as the F3Treasury may reasonably require for the purpose of deciding whether to serve—

a

a notice of objection under the relevant section; or

b

a notice imposing conditions under paragraph 3 below.

3

Where additional information or documents are required from any person by a notice under sub-paragraph (2) above, the time between the giving of that notice and the receipt of the information or documents shall be added to the period mentioned in subsection (1)(b) of the relevant section.

4

The notice shall be of no effect for the purposes of subsection (1) of the relevant section ifeither the notice is withdrawn or—

a

in the case of a notice under section 60(1)(a) above, the person proposed to be appointed as managing director or chief executive of the company is not so appointed;

b

in the case of notice under section 61(1)(a) above, the person by whom it was served does not become a controller of the company; or

c

in the case of notice under section 61A(1)(a) above, the person by whom it was served does not acquire the holding specified in the notice,

before the end of the period of one year beginning with the date mentioned in sub-paragraph (5) below.

5

The date referred to in sub-paragraph (4) above is as follows—

a

in a case where the F3TreasuryF4have, before the end of the period mentioned in subsection (1)(b) of the relevant section, given to the person serving the notice such a notification as is mentioned in that provision, the date of that notification;

b

in a case where the F3TreasuryF4have, before the end of that period, served a notice imposing conditions on that person in accordance with paragraph 3 below, the date of the service of that notice; and

c

in any other case, the date immediately following the end of that period.

6

The period mentioned in subsection (1)(b) of the relevant section shall be deemed not to expire until fourteen days after the end of the period within which representations may be made in accordance with that section.