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The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

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This is the original version (as it was originally made).

Greater London Authority Act 1999 (c. 29)

This section has no associated Explanatory Memorandum

178.—(1) The Greater London Authority Act 1999 is amended as follows.

(2) In section 157(1) (Transport for London: restriction on exercise of certain powers except through a company), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”.

(3) In section 211 (public sector operators: interpretation), for subsection (2) substitute—

(2) Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs..

(4) In section 220(7) (meaning and effect of PPP administration orders), for the definition of “the court” substitute—

“the court”, in relation to a PPP company, means the court—

(a)

having jurisdiction to wind up the company, or

(b)

that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies having principal place of business in, or incorporated in, Northern Ireland);.

(5) In section 224 (meaning of “company” and application of provisions to unregistered, foreign and other companies), for subsection (1) substitute—

(1) In the PPP administration order provisions of this Act—

“company” means—

(a)

a company registered under the Companies Act 2006, or

(b)

an unregistered company; and

“unregistered company” means a company that is not registered under that Act..

(6) In section 424(1) (general interpretation), in the definition of “subsidiary” for “to it by section 736 of the Companies Act 1985” substitute “by section 1159 of the Companies Act 2006”.

(7) In Schedule 10 (Transport for London), in paragraph 7(1)(c) (delegation of functions to wholly owned subsidiary), for “within the meaning of section 736(2) of the Companies Act 1985” substitute “as defined in section 1159 of the Companies Act 2006”.

(8) In Part 1 of Schedule 14 (railway administration orders: modifications of Insolvency Act 1986)—

(a)in paragraph 1(b) for “is an unregistered company” substitute “is not a company registered under the Companies Act 2006 in England and Wales or Scotland”;

(b)in paragraph 4(b) for “memorandum or articles of association” substitute “articles of association”;

(c)in paragraphs 7(4) and 8, for paragraphs (a) and (b) substitute—

(a)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Mayor of London and the registrar of companies”; and

(b)where paragraph (a) above does not apply, the words “to the Mayor of London”.;

(d)in paragraph 9, in the substituted subsection (2A), for paragraph (c) substitute—

(c)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the registrar of companies.;

(e)in paragraph 10(5), in the substituted subsection (6)—

(i)for “an office copy” substitute “a copy”;

(ii)for paragraph (b) substitute—

(b)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

to the registrar of companies..

(9) In Schedule 32 (London Regional Transport Pension etc Schemes), in paragraph 5(3) (welfare schemes: power to amend memorandum and articles of company trustee)—

(a)in the first sentence, for “memorandum and articles” substitute “articles”;

(b)for the second sentence substitute “In this sub-paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.”.

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