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Companies Act 2006, Section 71 is up to date with all changes known to be in force on or before 01 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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.
Modifications etc. (not altering text)
C1Ss. 69-74 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 12
Commencement Information
I1S. 71 wholly in force at 1.10.2008; s. 71 not in force at Royal Assent, see s. 1300; s. 71 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 71 in force at 1.10.2008 by S.I. 2007/3495, art. 5(1)(a) (with savings in arts. 7, 12)
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