Statutory Instruments
1991 No. 2173 (C.65)
FINANCIAL SERVICES
The Companies Act 1989 (Commencement No. 13) Order 1991
Made
28th September 1991
The Secretary of State, in exercise of his powers under section 215 of the Companies Act 1989(1), hereby makes the following Order:
Citation
1. This Order may be cited as the Companies Act 1989 (Commencement No. 13) Order 1991.
Provisions of the Companies Act 1989 brought into force by the Order
2. Insofar as they are not yet in force, the provisions of sections 160, 162, 166, 167 and 184 of the Companies Act 1989 shall come into force on 1st October 1991.
John Redwood
Minister of State,
Department of Trade and Industry
28th September 1991
Explanatory Note
(This note is not part of the Order)
The Order brings the provisions of sections 160 (duty to give assistance for purposes of default proceedings), 162 (duty to report on completion of default proceedings), 166 (powers of Secretary of State to give directions), 167 (application to determine whether default proceedings to be taken) and 184 (indemnity for certain acts etc.) of the Companies Act 1989 into force on 1st October 1991 insofar as they are not already in force. The relevant provisions were brought into force on 25th April 1991 by the Companies Act 1989 (Commencement No. 10 and Saving Provisions) Order 1991 (S.I. 1991/878) except insofar as they had effect for certain purposes concerning office-holders appointed under Northern Ireland insolvency legislation and other matters which might affect the operation of Northern Ireland insolvency law.
The provisions brought into force by the Order are contained in Part VII of the Companies Act 1989 which is concerned principally with the effects of insolvency law on certain financial markets. Provisions of the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)) corresponding to those of Part VII of the Companies Act 1989 will come into force on the same date as the provisions brought into force by the Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The provisions of the Companies Act 1989 brought into force by Orders made before the making of the Companies Act 1989 (Commencement No. 11) Order 1991 (S.I. 1991/1452) are listed in a note appended to that Order. The following provisions of the Companies Act 1989 are brought into force by commencement order made before the date of the Order—
| Provisions | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 35 and 36 | 26.6.1991 | S.I. 1991/1452 |
| Part II insofar as not yet in force, except sections 46, 47(2) to (6), 48(3) and Schedule 13, and subject to a saving provision concerning the coming into force of section 28 | 1.10.1991 | S.I. 1991/1996 |
| Section 134(4) | 1.11.1991 | S.I. 1991/1996 |
| Section 143 | 1.11.1991 | S.I. 1991/1996 |
| Section 212 and Schedule 24 insofar as is necessary to effect the repeal of, or of words in, sections 389 and 460(1) of the Companies Act 1985, section 196(3) of the Financial Services Act 1986 and section 565(6)(b) of the Income and Corporation Taxes Act 1988 | 1.10.1991 | S.I.1991/1996 |
| Section 212 and Schedule 24 insofar as is necessary to effect the repeal of, or of words in, sections 169(5), 175(6)(b), 191(1), (3)(a) and (3)(b), 219(1), 288(3), 318(7), 356(1), (2) and (4) and 383(1), (2) and (3) of the Companies Act 1985 and paragraph 25 of Schedule 13 to that Act | 1.11.1991 | S.I. 1991/1996 |