SCHEDULE 1CONSEQUENTIAL AMENDMENTS
195
1
Schedule 3 (constitution of commonhold association) to the Commonhold and Leasehold Reform Act 2002 is amended as follows.
2
In the heading to Part 1 for “Memorandum and Articles of Association” substitute “
Articles of Association
”
.
3
For paragraph 1 (introduction) substitute—
1
In this Schedule “articles” means the articles of association of a commonhold association.
4
In paragraph 2 (form and content)—
a
in sub-paragraph (1) for “the memorandum and articles” substitute “
the articles
”
;
b
in sub-paragraphs (2) and (4) for “memorandum or articles” substitute “
articles
”
;
c
in sub-paragraph (5)—
i
in the opening words, for “a memorandum or articles” substitute “
articles
”
, and
ii
in paragraph (a) for “memorandum or articles” substitute “
articles
”
;
d
after sub-paragraph (5) insert—
6
Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a commonhold association.
5
In paragraph 3 (alteration)—
a
in sub-paragraph (1) M1—
i
for “memorandum or articles” substitute “
articles
”
;
ii
for “specified in its memorandum” substitute “
specified in its articles
”
;
b
in sub-paragraph (2) for “an altered memorandum or altered articles” substitute “
altered articles
”
;
c
in sub-paragraph (3) for “memorandum or articles” substitute “
articles
”
.
6
Omit paragraph 4 (disapplication of Companies Act 1985).
7
In paragraph 5 (pre-commonhold period)—
a
for “land specified in its memorandum” substitute “
land specified in its articles
”
;
b
for “the memorandum” substitute “
the association's memorandum of association
”
.
8
In paragraph 6(2)
(membership during transitional period) for “the memorandum” substitute “
the association's memorandum of association
”
.
9
In paragraph 11 (effect of registration as member), for “section 352 of the Companies Act 1985” substitute “
section 113 of the Companies Act 2006
”
.
10
In paragraph 14 (register of members)—
a
in sub-paragraph (1), for “section 352 of the Companies Act 1985” substitute “
section 113 of the Companies Act 2006
”
;
b
in sub-paragraph (4), for “a requirement of section 352 for the purposes of section 352(5)
(fines)” substitute “
a requirement of section 113 for the purposes of section 113(7) and (8)
(offences)
”
.
11
For paragraph 15 substitute—
Supplementary provisions
15
1
Section 112(1) of the Companies Act 2006 (initial members of company) applies to a commonhold association subject to the provisions of this Schedule.
2
The following provisions of that Act do not apply to a commonhold association—
section 112(2) (new members);
section 136 (membership of holding company).
12
In paragraph 16 (name of association), in paragraph (a), for “Companies Act 1985” substitute “
Companies Act 2006
”
.
13
In paragraph 17—
a
for the heading substitute “
Statement of compliance
”
;
b
for “section 12 of the Companies Act 1985 (registration: compliance with Act)” substitute “
section 13 of the Companies Act 2006 (registration: statement of compliance)
”
.