moved Amendment No. A127A:"Page 293, line 2, at end insert ““and the company shall within 15 days of the date on which it was given that information notify the other person that he has been so named and shall include in that notification—"
(a) particulars of any entry relating to him made, in consequence of its being given that information, by the company in its register, and
(b) a statement informing of his right to apply to have the entry removed in accordance with this section.””
The noble Lord said: Clause 605 is concerned with the removal of entries from the register and incorrect entries relating to a third party. I have also added my name to Amendments Nos. A129, A130 and A131 in the names of the noble Lords, Lord Sharman and Lord Razzall.
Section 217 of the Companies Act 1985 lays out an obligation for companies to notify a third party that their name has been given to the company and their details included on the register. That notification allows the third party to check whether the inclusion on the register is correct. The obligation has been dropped by the Bill and I look forward to hearing from the Minister the reasons why the Government are seeking to do so. There must be an argument that it is a good idea for people to know what is being done with their information and to ensure that that information is correct. The amendment would reassert in the Bill the law as it currently stands.
Amendment No. A127A is similar to Amendment No. A128, as tabled by the noble Lords, Lord Sharman and Lord Razzall. However, our amendment seeks to include two further paragraphs (a) and (b) that further mirror the current requirements of Section 217 of the Companies Act 1985. For this reason, it provides greater clarity and less scope for future confusion if someone should contest the exact form of that which a company is obliged to give notice.
I have added my name to Amendments Nos. A129 to A131. I have no doubt that somebody will speak to their amendments in a second or two, but I confidently expect to be in total agreement with them; they seem to achieve an admirable level of clarity even if they are not spoken to this evening. It must be possible to correct as well as remove an entry. Presently, the drafting is about removing, and we must ensure that you can correct a partially incorrect entry as opposed to merely removing one that should not be there at all. I beg to move.
Company Law Bill [HL]
Proceeding contribution from
Lord Hodgson of Astley Abbotts
(Conservative)
in the House of Lords on Monday, 20 March 2006.
It occurred during Debate on bills
and
Committee proceeding on Company Law Bill [HL].
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Reference
680 c60-1GC 
Session
2005-06
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House of Lords Grand Committee
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