C5C4C3C2Part 5A company's name

Annotations:
Modifications etc. (not altering text)
C5

Pt. 5 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(b), 8(2); S.I. 2013/2936, art. 2

C4

Pt. 5 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

C3

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 3Similarity to other names

Similarity to other name in which person has goodwill

I1C171Procedural rules

1

The Secretary of State may make rules about proceedings before a company names adjudicator.

2

The rules may, in particular, make provision—

a

as to how an application is to be made and the form and content of an application or other documents;

b

for fees to be charged;

c

about the service of documents and the consequences of failure to serve them;

d

as to the form and manner in which evidence is to be given;

e

for circumstances in which hearings are required and those in which they are not;

f

for cases to be heard by more than one adjudicator;

g

setting time limits for anything required to be done in connection with the proceedings (and allowing for such limits to be extended, even if they have expired);

h

enabling the adjudicator to strike out an application, or any defence, in whole or in part—

i

on the ground that it is vexatious, has no reasonable prospect of success or is otherwise misconceived, or

ii

for failure to comply with the requirements of the rules;

i

conferring power to order security for costs (in Scotland, caution for expenses);

j

as to how far proceedings are to be held in public;

k

requiring one party to bear the costs (in Scotland, expenses) of another and as to the taxing (or settling) the amount of such costs (or expenses).

3

The rules may confer on the Chief Adjudicator power to determine any matter that could be the subject of provision in the rules.

4

Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.