Point in time view as at 05/12/2005. This version of this provision has been superseded.
There are currently no known outstanding effects for the Companies Act 1989, Section 40.
(1)If it appears to the Secretary of State—
(a)that any action proposed to be taken by a recognised supervisory or qualifying body, or a body [F1designated] by order under section 46, would be incompatible with Community obligations or any other international obligations of the United Kingdom, or
(b)that any action which that body has power to take is required for the purpose of implementing any such obligations,
he may direct the body not to take or, as the case may be, to take the action in question.
(2)A direction may include such supplementary or incidental requirements as the Secretary of State thinks necessary or expedient.
(3)A direction under this section is enforceable on the application of the Secretary of State by injunction or, in Scotland, by an order under section 45 of the M1Court of Session Act 1988.
Textual Amendments
F1Word in s. 40(1)(a) substituted (1.1.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 65, Sch. 2 para. 3(a); S.I. 2004/3322, art. 2(1), Sch. 1
Marginal Citations
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