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- Point in Time (01/10/2009)
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Version Superseded: 22/03/2013
Point in time view as at 01/10/2009.
There are currently no known outstanding effects for the Companies Act 1989, Part II.
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25U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 10 para. 25 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356(4)(5), 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4) (with Sch. 4)
26(1)Section 42 of the Harbours Act 1964 (accounts and reports of statutory harbour undertakers) is amended as follows.U.K.
(2)For subsection (2) substitute—
“(2)Where a statutory harbour undertaker is a parent undertaking with subsidiary undertakings which carry on harbour activities or any associated activities, then, it shall be the duty of the company also to prepare group accounts relating to the harbour activities and associated activities carried on by it and its subsidiary undertakings.”
(3)In subsection (6) (application of provisions of the M1Companies Act 1985)—
(a)in paragraph (a) for “company accounts” substitute “ individual company accounts ”;
(b)in paragraph (c) omit the words “required to be attached to a company’s balance sheet”.
(4)In subsection (9), for the definition of “holding company” and “subsidiary” substitute—
““parent undertaking” and “subsidiary undertaking” have the same meaning as in Part VII of the Companies Act 1985;”.
27U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 10 para. 27 repealed (27.3.2004) by 1994 c. 21, ss. 67, 68(3)(b)(c), Sch. 11 Pt. IV (with s. 40(7), 66); S.I. 2004/144, art. 3
28(1)Section 17 of the Aircraft and Shipbuilding Industries Act 1977 (British Shipbuilders: accounts and audit) is amended as follows.U.K.
(2)In subsection (1)(c) (duty to prepare consolidated accounts) for “subsidiaries” substitute “ subsidiary undertakings ”.
(3)In subsection (9) (copies of accounts to be sent to the Secretary of State) for “subsidiaries” substitute “ subsidiary undertakings ” and for “subsidiary” substitute “ subsidiary undertaking ”.
(4)After subsection (9) add—
“(10)In this section “subsidiary undertaking” has the same meaning as in Part VII of the Companies Act 1985.”.
F329U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 10 para. 29 repealed (21.3.1997) by 1995 c. 24, s. 13(2), Sch. 2 Pt.I; S.I. 1997/1139, art.2
F430U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 10 para. 30 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2(2), Sch. Table
31U.K.In section 11(4) of the Transport Act 1981, for “section 235” substitute “ section 234 ”.
32U.K.In section 24(5) of the Iron and Steel Act 1982 (meaning of “directors’ report”) for the words from “which, under section 235” to the end substitute “ which is required to be prepared under section 234 of the Companies Act 1985 ”.
33U.K.In Schedule 3 to the Oil and Pipelines Act 1985 (Oil and Pipelines Agency: financial and other provisions), in paragraph 9(2) (duty to prepare consolidated accounts) for “subsidiaries” (three times) substitute “ subsidiary undertakings ”, and at the end of that sub-paragraph add—
“In this sub-paragraph “subsidiary undertaking” has the same meaning as in Part VII of the Companies Act 1985.”.
34U.K.In Schedule 2 to the Patents, Designs and Marks Act 1986 (service marks), in paragraph 1(2) (provisions in which reference to trade mark includes service mark) for sub-paragraph (ii) substitute—
“(ii)Part I of Schedule 4 and paragraphs 5(2)(d) and 10(1)(b) and (2) of Schedule 9 (form of company balance sheets); and”.
35(1)The Company Directors Disqualification Act 1986 is amended as follows.U.K.
(2)In section 3(3)(b) (default orders)—
(a)in sub-paragraph (i) for “section 244” substitute “ section 242(4) ”, and
(b)after that sub-paragraph insert—
“(ia)section 245B of that Act (order requiring preparation of revised accounts),”.
(3)In Schedule 1, for paragraph 5 substitute—
“5The extent of the director’s responsibility for any failure by the directors of the company to comply with—
(a)section 226 or 227 of the Companies Act (duty to prepare annual accounts), or
(b)section 233 of that Act (approval and signature of accounts).”.
F536U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 10 paras. 36, 37 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 75(n)
F637U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 10 paras. 36, 37 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 75(n)
38(1)The Income and Corporation Taxes Act 1988 is amended as follows.U.K.
[F7(2)In section 180 (annual return of registered profit-related pay scheme), in subsection (3) for “section 242(3)” substitute “ section 244(3) ”.]
(3)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 10 para. 38(2) repealed (19.3.1997) by 1997 c. 16, ss. 61(2)(3), 113, Sch. 18 Pt. VI(3) (with effect as mentioned in the Notes 1 and 2 at the end of Pt. VI(3), Note 2 providing that the repeal does not affect the repealed provision in relation to profit periods beginning before 1.1.2000 or for certain other purposes in relation to any such periods)
F8Sch. 10 para. 38(3) repealed (22.7.2004 with effect in accordance with s. 77 of the amending Act) by Finance Act 2004 (c. 12), s. 326, Sch. 42 Pt. 2(7)
39U.K.In section 33 of the Dartford–Thurrock Crossing Act 1988 (duty to lay before Parliament copies of accounts of persons appointed to levy tolls), for subsection (2) substitute—
“(2)In relation to a company “accounts” in subsection (1) means the company’s annual accounts for a financial year, together with the relevant directors’ report and the auditors’ report on those accounts.
Expressions used in this subsection have the same meaning as in Part VII of the Companies Act 1985.”.
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