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

Housing (Scotland) Act 2001 (asp 10)

191.—(1) The Housing (Scotland) Act 2001 is amended as follows.

(2) In section 58(1)(b) (eligibility for registration as social landlord) for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”.

(3) In section 82(1)(c) and (6) (meaning of “subsidiary” in relation to a company) for “the Companies Act 1985” substitute “the Companies Acts (see section 1159 of the Companies Act 2006)”.

(4) In section 83(1)(b) (meaning of “officer” of company)—

(a) for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”, and

(b) for “within the meaning of that Act” substitute “within the meaning of the Companies Acts (see sections 250 and 1173(1) of that Act)”.

(5) In Part 2 of Schedule 7 (constitution, change of rules, amalgamation and dissolution of registered social landlords)—

(a) in paragraphs 4(1)(b) and 6(1), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(b) in paragraph 8 (change of memorandum or articles of company that is registered social landlord)—

(i) in the heading, for “memorandum or articles of association” substitute “articles of association”;

(ii) in sub-paragraph (1), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(iii) in sub-paragraph (3), for “memorandum or articles” substitute “articles of association”;

(c) in paragraph 9 (amalgamation or dissolution)—

(i) in sub-paragraph (2)(c), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(ii) in sub-paragraph (4)(b), for the words from “section 30” to “1965)” substitute “section 55(3) of the Industrial and Provident Societies Act 1965”;

(d) in paragraph 10(1), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(e) in paragraph 12 (transfer of assets on dissolution or winding up)—

(i) in sub-paragraph (1)(a), for “section 55(a) or (b)” substitute “section 55(1)(a) or (b)”;

(ii) in sub-paragraph (1)(b), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”;

(iii) in sub-paragraph (3), for “the Companies Act 1985” substitute “the Companies Act 2006” and for “memorandum or articles of association” substitute “articles of association”.

(6) In Schedule 8 (insolvency etc of registered social landlords), in paragraphs 2(1)(b), 3(1)(b) and 7(3)(b), for “registered under the Companies Act 1985” substitute “registered under the Companies Act 2006”.