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Statutory Instruments

1999 No. 2464

PARTNERSHIP

The Partnerships (Unrestricted Size) No. 13 Regulations 1999

Made

3rd September 1999

Coming into force

30th September 1999

The Secretary of State, in exercise of the power conferred on him by sections 716(2)(d) and 744 of the Companies Act 1985(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the Partnerships (Unrestricted Size) No. 13 Regulations 1999, and shall come into force on 30th September 1999.

2.  Section 716(1) of the Companies Act 1985 does not prohibit the formation, for the purpose of carrying on general medical practice, of a partnership consisting of persons the majority of whom are either registered medical practitioners in general medical practice or, if not so registered, have been awarded diplomas, certificates and other evidence of formal qualifications the mutual recognition of which is provided for in Council Directive 93/16/EEC(2).

Kim Howells,

Parliamentary Under-Secretary of State for Competition and Consumer Affairs,

Department of Trade and Industry

3rd September 1999

Explanatory Note

(This note is not part of the Regulations)

Section 716 of the Companies Act 1985 prohibits the formation of partnerships consisting of more than 20 persons. These Regulations exempt from that prohibition partnerships formed for the purpose of carrying on practice as general medical practitioners and consisting of persons the majority of whom are either registered medical practitioners in general medical practice or, if not so registered, have been awarded diplomas, certificates and other evidence of formal qualifications the mutual recognition of which is provided for in Council Directive 93/16/EEC (O.J. No. L165 of 7th July 1993, page 1).

(1)

1985 c. 6; section 716(2)(d) was substituted by the Companies Act 1989 (c. 40), section 145 and Schedule 19, paragraph 15(2); section 744 contains a definition of “prescribed” relevant to the exercise of the power conferred by section 716(2)(d).

(2)

O.J. No. L165 of 7th July 1993, page 1.