Statutory Instruments
COMPANIES
Made
24th January 1994
The Secretary of State, in exercise of his powers under section 36(2) of the Welsh Language Act 1993(1), hereby makes the following Order
1.—(1) This Order may be cited as the Welsh Language Act 1993 (Commencement) Order 1994.
(2) In this Order, “the Act” means the Welsh Language Act 1993.
2.—(1) Subsections (1) and (6) of section 30 of the Act shall come into force on 25th January 1994 in so far as necessary to enable:
(a)the prescription of descriptions of documents for the purpose of the new section 710B(3)(a) of the Companies Act 1985(2) inserted thereby; and
(b)the prescription of the manner in which a translation is to be certified for the purpose of the new section 710B(8) inserted thereby.
(2) Sections 30 (in so far as it is not commenced by paragraph (1) above), 31 and 35(2) of the Act, together with section 35(1) of, and Schedule 2 to, the Act in so far as they make repeals in the Companies Act 1985, shall come into force on 1st February 1994.
Neil Hamilton
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
24th January 1994
(This note is not part of the Order)
The Order brings into force sections 30, 31 and 35(2) of the Welsh Language Act (“the Act”). It also brings into effect a number of repeals make by section 35(1) of that Act in the Companies Act 1985 (“the Companies Act”), consequent upon other amendments made by the Act.
Section 30 makes a number of amendments to provisions in the Companies Act relating to the registration of accounting and other documents by Welsh companies with the registrar of companies:
Subsection (2) repeals section 21 of the Companies Act (registered documentation of Welsh companies);
Subsection 5 repeals section 255E of the Companies Act (accounting documents of Welsh private companies);
Subsection (6), and subsections (3) and (4) which make consequential amendments, inserts and a new section 10B into the Companies Act which provides that documents delivered to the registrar under the Companies Act 1985 or the Insolvency Act 1986 may, in respect of a Welsh company, be delivered in Welsh, or in English and Welsh. Such a document must be accompanied by a certified translation, except for documents which have been prescribed for the purposes of that provision as not requiring a translation, or forms which have been prescribed in Welsh by virtue of section 26 of the Act.
Section 31 repeals section 351(3) and (4) of the Companies Act which require the status of a company whose name ends in “cwmni cyfyngedig cyhoeddus” or “cyfyngedig” to appear in English on certain documents.
Section 35(2) revokes the Companies Act 1985 (Welsh Language Accounts) Regulations 1992 (S. I.1992/1083).
The provisions commenced by the Order inserting the new section 710B into the Companies Act come into force on 25th January 1994 in so far as it is necessary to enable the prescription of certain matters thereunder. Those provisions come into force for all other purposes, together with the remaining provisions, on 1st February 1994.