The Company and Business Names (Amendment) Regulations 2007

Regulations made by the Secretary of State, laid before Parliament under section 29(6) of the Companies Act 1985 and section 6(2) of the Business Names Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Regulations were made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

2007 No. 1947

COMPANIES

BUSINESS NAMES

The Company and Business Names (Amendment) Regulations 2007

Made

9th July 2007

Coming into force

10th July 2007

Laid before Parliament

10th July 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 29(1) of the Companies Act 1985(1) and sections 3(1)(a) and 6(1) of the Business Names Act 1985(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Company and Business Names (Amendment) Regulations 2007 and shall come into force on 10th July 2007.

(2) In these Regulations, “the Act” means the Business Names Act 1985.

Amendment to the Company and Business Names Regulations 1981

2.  The Company and Business Names Regulations 1981(3) are amended by inserting “Government” after “Giro” in column 1 of the Schedule to those Regulations.

Business names

3.—(1) Section 2(1)(b) of the Act does not apply to the carrying on of a business under a name which includes the word “Government” by a person—

(a) to whom the business is transferred on or after the date on which these Regulations came into force; and

(b) who carries on the business under the name which was its lawful business name immediately before that transfer,

during the period of 12 months beginning with the date of the transfer.

(2) Section 2(1)(b) of the Act does not apply to the carrying on of a business under a name which includes the word “Government” by a person who—

(a) carried on that business immediately before the date on which these Regulations came into force; and

(b) continues to carry it on under the name which immediately before that date was its lawful business name.

Stephen Timms

Minister of State for Competitiveness and Consumer Affairs

Department for Business, Enterprise and Regulatory Reform

9th July 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Company and Business Names Regulations 1981 (S.I. 1981/1685). Regulation 2 provides that the word “Government” cannot form part of—

(a) a company’s registered name; or

(b) a business name,

without the prior written approval of the Secretary of State.

Regulation 3 includes savings for business names which included the word “Government” prior to the entry into force of these Regulations.

An Impact Assessment in respect of these Regulations has not been produced as there is no impact on the costs of business.

(1)

1985 c.6.

(2)

1985 c.7.

(3)

S.1. 1981/1685, amended by S.I. 1982/1653, 1992/1196, 1995/3022, 1999/1820, 2001/259, 2001/3500, 2002/1397, 2004/1771.