Company Law Reform Bill (HL). Lords Committee stage twelfth day. Grand Committee off the floor of the House (Moses room). Clauses 699-721 agreed to, clause 699 as amended. Clause 722 negatived. Clauses 723-752 agreed to, clauses 729,750,751 as amended. Clause 753 negatived. Clauses 754-773 agreed to, clauses 754,756,758,759,761,766,767 and 773 as amended. Clauses 774-788 negatived. Clauses 789-860 agreed to, clauses 801 and 836 as amended. Schedules 4-8 agreed to as amended. Schedule 9 negatived. Schedules 10-14 agreed to, schedules 10 and 11 as agreed to. New clauses and new schedule considered.
Clause 699 [Material not available for public inspection]:
Company Law Reform Bill [HL]
Type
Parliamentary proceeding
Reference
680 c357-440GC
Session
2005-06
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Proceeding contributions
Baroness Noakes | 680 c416GC (Link to this contribution)
The Minister did not explain what the nature of the supervisory bodies was that meant that no parlia...
Lord McKenzie of Luton | 680 c427-8GC (Link to this contribution)
I thank both noble Lords for their insights into their roles on audit committees. As has been acknow...
Show all contributions (225)
Baroness Noakes | 680 c431GC (Link to this contribution)
I am entirely satisfied with that. I beg leave to withdraw the amendment.
Amendment, by leave, with...
Baroness Noakes | 680 c434GC (Link to this contribution)
It is something of a revelation that an audit firm will be contracted to carry out the oversight of ...
Baroness Noakes | 680 c437GC (Link to this contribution)
If the Minister is confirming that it is the Government’s intention that the power in Clause 837(2)(...
Lord Sainsbury of Turville | 680 c379-80GC (Link to this contribution)
moved Amendments Nos. A204E to A204L:"Page 464, line 31, leave out ““failed to respond”” and insert ...
Lord Sharman | 680 c379GC (Link to this contribution)
I am grateful to the Minister for that very good explanation. I beg leave to withdraw the amendment....
Lord Hodgson of Astley Abbotts | 680 c386GC (Link to this contribution)
I am grateful to the Minister. He says that companies will only have the person’s word that they hav...
Lord Sharman | 680 c384GC (Link to this contribution)
moved Amendment No. A208ZAG:"Page 358, line 32, leave out subsection (4)."
The noble Lord said: Cla...
Lord Sainsbury of Turville | 680 c382GC (Link to this contribution)
moved Amendment No. A208:"Page 357, line 31, leave out subsections (1) to (4)."
On Question, amendm...
Lord Sharman | 680 c389GC (Link to this contribution)
I tabled Amendment No. A209D in this group. I support what the noble Lord, Lord Hodgson, says and ad...
Lord Sharman | 680 c411GC (Link to this contribution)
In putting this Question, I ask also whether Clauses 790 to 805 should stand part of the Bill. I see...
Lord Sainsbury of Turville | 680 c390-1GC (Link to this contribution)
moved Amendment No. A210C:"Page 361, line 10, at end insert—"
““(3) The Lord Chancellor may, wit...
Lord Sainsbury of Turville | 680 c403GC (Link to this contribution)
When I discussed this with the Bill team, I was not absolutely convinced of this argument. I was ass...
Lord Hodgson of Astley Abbotts | 680 c358GC (Link to this contribution)
moved Amendment No. A193A:"Page 341, line 4, leave out ““there was”” and insert ““the registrar had”...
Lord Hodgson of Astley Abbotts | 680 c362GC (Link to this contribution)
I am disappointed. I thought that the Minister might say, ““This seems to be a sensible idea, perhap...
Baroness Noakes | 680 c418-9GC (Link to this contribution)
I thank the Minister for that reply which I shall study carefully in conjunction with the Institute ...
Baroness Noakes | 680 c416GC (Link to this contribution)
moved Amendment No. A238:
"Page 386, line 4, at end insert ““or any person acting on the delegated ...
Baroness Noakes | 680 c417GC (Link to this contribution)
The Minister’s response is disappointing. The department often rushes to legislate without any evide...
Lord Sainsbury of Turville | 680 c417GC (Link to this contribution)
moved Amendment No. A239:
"Page 492, line 9, leave out ““or other legible form””"
On Question, ame...
Lord Sainsbury of Turville | 680 c415GC (Link to this contribution)
moved Amendment No. A237:
"Page 482, line 32, leave out ““or other legible form””"
The noble Lord ...
Lord Sainsbury of Turville | 680 c414GC (Link to this contribution)
We are not convinced that the amendment would improve the Bill; it does not seem necessary. I take t...
Lord Hodgson of Astley Abbotts | 680 c414GC (Link to this contribution)
moved Amendment No. A236B:
"Page 379, line 33, leave out ““does not affect”” and insert ““is withou...
Baroness Noakes | 680 c428-9GC (Link to this contribution)
I thank the noble Lord, Lord Sharman, for his support for this amendment. The Minister has put on th...
Lord McKenzie of Luton | 680 c426GC (Link to this contribution)
Perhaps we should write to the noble Baroness more specifically. I will study Hansard so that we giv...
Baroness Noakes | 680 c426-7GC (Link to this contribution)
moved Amendment No. A242:
"Page 390, line 37, at end insert—"
““( ) The order shall have the ...
Baroness Noakes | 680 c424GC (Link to this contribution)
I hear what the Minister says and I shall discuss the amendment further with the Institute of Charte...
Baroness Noakes | 680 c424-5GC (Link to this contribution)
moved Amendment No. A241:
"Page 390, line 31, at end insert—"
““( ) The individuals responsib...
Lord McKenzie of Luton | 680 c424GC (Link to this contribution)
It is pushing at the bounds of credibility to suggest that when a clear commitment has been entered ...
Lord McKenzie of Luton | 680 c423-4GC (Link to this contribution)
We believe that these amendments are unnecessary for a reason anticipated by the noble Baroness. The...
Lord Sharman | 680 c422-3GC (Link to this contribution)
I wish to comment on this series of amendments as I wrote the report. The original motivation for th...
Baroness Noakes | 680 c421-2GC (Link to this contribution)
moved Amendment No. A240A:
"Page 390, line 24, at end insert ““of a company designated by the Treas...
Lord McKenzie of Luton | 680 c421GC (Link to this contribution)
As set out in the Government’s response to the report of the noble Lord, Lord Sharman, arrangements ...
Baroness Noakes | 680 c420-1GC (Link to this contribution)
moved Amendment No. A240:
"Page 390, line 20, at end insert—"
““( ) the Audit Commission,””
...
Lord McKenzie of Luton | 680 c430GC (Link to this contribution)
We think that the situation that the noble Baroness has highlighted will be resolved in an appropria...
Lord McKenzie of Luton | 680 c429-30GC (Link to this contribution)
The Government share the noble Baroness’s view that the independent supervisor should be, and should...
Baroness Noakes | 680 c430GC (Link to this contribution)
People can decode that as they will. I thank the Minister for his response and beg leave to withdraw...
Baroness Noakes | 680 c434GC (Link to this contribution)
moved Amendment No. A248:
"Page 392, line 31, at end insert—"
““( ) The report referred to in...
Baroness Noakes | 680 c432GC (Link to this contribution)
moved Amendment No. A246:
"Page 391, line 39, leave out paragraph (f)."
The noble Baroness said: W...
Baroness Noakes | 680 c436GC (Link to this contribution)
Could the Minister tell us which third countries would be involved in making use of this provision?
Baroness Noakes | 680 c436-7GC (Link to this contribution)
moved Amendment No. A249:
"Page 397, line 21, leave out paragraph (a)."
The noble Baroness said: I...
Lord Geddes | 680 c440GC (Link to this contribution)
The Committee stands adjourned until 3.30 pm on 25 April.
Baroness Noakes | 680 c439-40GC (Link to this contribution)
moved Amendment No. A253A:
"Page 408, line 37, leave out ““Part”” and insert ““Act””"
The noble Ba...
Lord Sainsbury of Turville | 680 c378GC (Link to this contribution)
I do not see the value of requiring a minimum period of commitment to receiving company documents by...
Lord Hodgson of Astley Abbotts | 680 c377-8GC (Link to this contribution)
moved, as a substitution for Amendment No. A204BB, Amendment No. A204BC:"Page 464, line 9, at end in...
Lord Sainsbury of Turville | 680 c379GC (Link to this contribution)
moved Amendments Nos. A204C to A204D:"Page 464, line 26, leave out ““the member or entitled person””...
Lord Hodgson of Astley Abbotts | 680 c378-9GC (Link to this contribution)
I confess I lost the thread of that argument half way through. I shall study what the Minister said ...
Lord Sainsbury of Turville | 680 c377GC (Link to this contribution)
moved Amendment No. A204B:"Page 463, line 16, leave out sub-paragraph (2)."
On Question, amendment ...
Lord Hodgson of Astley Abbotts | 680 c377GC (Link to this contribution)
I am grateful to the Minister for making clear that distinction. Whether it should apply here is ano...
Lord Sainsbury of Turville | 680 c379GC (Link to this contribution)
I shall respond to the noble Lord’s concerns by explaining the interplay between paragraphs 9 and 10...
Lord Hodgson of Astley Abbotts | 680 c374GC (Link to this contribution)
There has been enough low-key ping-pong on this.
Clause 750, as amended, agreed to.
Schedule 5 [Do...
Lord Hodgson of Astley Abbotts | 680 c376-7GC (Link to this contribution)
moved Amendment No. A204AB:"Page 462, line 7, leave out ““not traded”” and insert ““unquoted””"
The...
Lord Sainsbury of Turville | 680 c376GC (Link to this contribution)
It is unclear how Amendment No. A204BA would work. Providing for the deemed agreement of members or ...
Lord Hodgson of Astley Abbotts | 680 c374-6GC (Link to this contribution)
moved Amendment No. A204AA:"Page 461, line 23, at end insert—"
(1) This paragraph applies to a d...
Lord Hodgson of Astley Abbotts | 680 c371-2GC (Link to this contribution)
I am grateful to the Minister for that. I beg leave to withdraw the amendment.
Amendment, by leave,...
Lord Sainsbury of Turville | 680 c373GC (Link to this contribution)
moved Amendment No. A204:"Page 357, line 25, leave out subsection (3)."
On Question, amendment agre...
Lord Sharman | 680 c370GC (Link to this contribution)
moved Amendment No. A198:"Page 445, line 14, leave out paragraph 1."
The noble Lord said: We now de...
Lord Sainsbury of Turville | 680 c370GC (Link to this contribution)
I thank the noble Lords, Lord Sharman and Lord Razzall, for bringing Amendments Nos. A198 and A203 t...
Lord Hodgson of Astley Abbotts | 680 c371GC (Link to this contribution)
moved Amendment No. A203A:"Page 357, line 9, leave out ““754”” and insert ““755””"
The noble Lord s...
Lord Sainsbury of Turville | 680 c371GC (Link to this contribution)
Clause 740 relates to the period before the commencement of Section 154(1) of the Criminal Justice A...
Lord Hodgson of Astley Abbotts | 680 c388-9GC (Link to this contribution)
I am most grateful to the Minister. It is nice when a new piece of legislation makes a fresh appeara...
Lord Sainsbury of Turville | 680 c388GC (Link to this contribution)
This amendment would deem documents or information sent or supplied by post to overseas addresses to...
Lord Sainsbury of Turville | 680 c385-6GC (Link to this contribution)
We can see that this amendment would allow the authentication by companies of communications from me...
Lord Hodgson of Astley Abbotts | 680 c384GC (Link to this contribution)
The substantive point that the Minister has made relates to the fact that electronic communication w...
Lord Hodgson of Astley Abbotts | 680 c384-5GC (Link to this contribution)
My name is attached to Amendment No. A208ZAH, which is in this group. I entirely support what the no...
Lord Sharman | 680 c385GC (Link to this contribution)
I should have said that this amendment was on the basis of advice from the Law Society. We will want...
Lord Hodgson of Astley Abbotts | 680 c385GC (Link to this contribution)
moved Amendment No. A208ZAJ:"Page 358, line 43, at end insert ““or by a person authorised to sign fo...
Lord Sharman | 680 c385GC (Link to this contribution)
As the noble Lord, Lord Hodgson, has rightly said, my noble friend Lord Razzall and I have an amendm...
Lord Sainsbury of Turville | 680 c383-4GC (Link to this contribution)
Much of Clause 751—that is, subsections (1) to (4)—will, we hope, be replaced by a new clause before...
Lord Sainsbury of Turville | 680 c380GC (Link to this contribution)
We understand the noble Lord’s concerns and we too are keen to encourage a high take-up of website c...
Lord Hodgson of Astley Abbotts | 680 c380GC (Link to this contribution)
I am grateful to the Minister. As I explained, the issue was raised by the Law Society. I think that...
Lord Sainsbury of Turville | 680 c381-2GC (Link to this contribution)
moved Amendments Nos. A207A to A207P:"Page 468, line 38, leave out sub-paragraph (2) and insert—"
...
Lord Sainsbury of Turville | 680 c390GC (Link to this contribution)
moved Amendment No. A210B:"Page 361, line 4, leave out ““the county court”” and insert ““(subject to...
Lord Hodgson of Astley Abbotts | 680 c390GC (Link to this contribution)
As a matter of interest, are there county courts that are unable to hear Companies Act matters? What...
Lord Sainsbury of Turville | 680 c389GC (Link to this contribution)
I am grateful to noble Lords for these amendments, which we can see are intended to improve the way ...
Lord Sainsbury of Turville | 680 c390GC (Link to this contribution)
moved Amendment No. A210A:"Page 360, line 28, leave out subsection (5)."
On Question, amendment agr...
Lord Sainsbury of Turville | 680 c389-90GC (Link to this contribution)
I am grateful to the noble Lord for pointing out the omission in subsection (2). I am happy to accep...
Lord Sainsbury of Turville | 680 c404GC (Link to this contribution)
moved Amendments Nos. A225C and A225D:
"Page 366, line 29, leave out ““memorandum””"
"Page 366, li...
Lord Hodgson of Astley Abbotts | 680 c407-9GC (Link to this contribution)
I am sure the Committee is grateful to the Minister for that very thorough explanation. It is import...
Lord Sharman | 680 c409GC (Link to this contribution)
moved Amendment No. A226:
"Page 373, line 21, leave out ““carrying”” and insert ““who has a place o...
Lord Sainsbury of Turville | 680 c403GC (Link to this contribution)
moved Amendment No. A225B:
"Page 366, line 25, leave out ““memorandum””"
The noble Lord said: In s...
Lord Sharman | 680 c411GC (Link to this contribution)
I am grateful to the Minister for that explanation. As he has with the noble Lord, Lord Hodgson, he ...
Lord Hodgson of Astley Abbotts | 680 c412-3GC (Link to this contribution)
The Minister was rather more peremptory in his response than I had anticipated. He treats that as if...
Lord Hodgson of Astley Abbotts | 680 c393-4GC (Link to this contribution)
moved Amendment No. A215A:"Page 364, line 37, at end insert—""““““the Consolidated Fund”” shall mean...
Lord Sainsbury of Turville | 680 c392-3GC (Link to this contribution)
moved Amendment No. A213:"Before Clause 762, insert the following new clause—"
““HARD COPY AND ELE...
Lord Hodgson of Astley Abbotts | 680 c391GC (Link to this contribution)
moved Amendment No. A212ZA:"Page 362, line 43, leave out ““memorandum or””"
The noble Lord said: In...
Lord Sainsbury of Turville | 680 c391-2GC (Link to this contribution)
The noble Lord’s amendments would delete references to the memorandum in Clause 761(2) and in Schedu...
Lord Hodgson of Astley Abbotts | 680 c403GC (Link to this contribution)
As ever, I am grateful to the Minister, but this is the land of the inexplicable. He is saying that ...
Lord Sainsbury of Turville | 680 c394-5GC (Link to this contribution)
moved Amendment No. A216A:"Page 365, line 23, at end insert—"
““( ) For section 744A of the Co...
Lord Sainsbury of Turville | 680 c395GC (Link to this contribution)
moved Amendment No. A216B:"Page 365, line 23, at end insert—"
““( ) At the end of section 63(2...
Lord Hodgson of Astley Abbotts | 680 c394GC (Link to this contribution)
Once again the Minister is broadening my knowledge by the minute:"““Wider and wider still shall thy ...
Lord McKenzie of Luton | 680 c357GC (Link to this contribution)
moved Amendment No. A191C:"Page 338, line 34, at end insert—"
““( ) any court order under sect...
Lord Sharman | 680 c357-8GC (Link to this contribution)
moved Amendment No. A192:"Page 340, line 18, at end insert—"
““( ) Regulations under this sect...
Lord McKenzie of Luton | 680 c357GC (Link to this contribution)
moved Amendment No. A191B:"Page 338, line 28, at end insert ““or any corresponding provisions of reg...
Lord Hodgson of Astley Abbotts | 680 c358-9GC (Link to this contribution)
I am grateful to the Minister. I accept that, but for parliamentary draftsmen to say that inserting ...
Lord Hodgson of Astley Abbotts | 680 c359-60GC (Link to this contribution)
moved Amendment No. A194:"After Clause 705, insert the following new clause—"
““RECTIFICATION OF T...
Lord Hodgson of Astley Abbotts | 680 c361GC (Link to this contribution)
moved Amendment No. A195:"Page 342, line 3, at beginning insert ““Except in relation to material tha...
Lord Clinton-Davis | 680 c365GC (Link to this contribution)
I have a great deal of sympathy with the point that the noble Lord, Lord Freeman, has raised. I reca...
Lord McKenzie of Luton | 680 c366-7GC (Link to this contribution)
moved Amendment No. A196C:"Page 349, line 22, at end insert ““or, for Northern Ireland, section 62 o...
Lord McKenzie of Luton | 680 c367GC (Link to this contribution)
moved Amendments Nos. A196D to A196F:"Page 349, leave out lines 23 and 24 and insert—"
““the In...
Lord Hodgson of Astley Abbotts | 680 c368GC (Link to this contribution)
moved Amendment No. A197A:"Page 350, line 21, at end insert—"
““( ) For the purpose of section...
Lord Sainsbury of Turville | 680 c367-8GC (Link to this contribution)
I thank the noble Lord for explaining the nature of the concerns that he wants the Committee to exam...
Lord Sainsbury of Turville | 680 c418GC (Link to this contribution)
Paragraph 9 of Schedule 11 is a restatement of paragraph 8 of Schedule 12 to the 1989 Act and implem...
Lord Sainsbury of Turville | 680 c416-7GC (Link to this contribution)
This clause provides that recognised supervisory bodies, their officers, employees, and members of t...
Baroness Noakes | 680 c417-8GC (Link to this contribution)
moved Amendment No. A239A:
"Page 496, line 3, leave out ““undertakings given by them and””"
The no...
Baroness Noakes | 680 c415GC (Link to this contribution)
moved Amendment No. A237A:
"Page 485, line 7, leave out ““not””"
The noble Baroness said: Part 1 o...
Lord Hodgson of Astley Abbotts | 680 c414-5GC (Link to this contribution)
I am grateful to the Minister. That was a handsome statement on the record. It is just a shame that ...
Lord Sainsbury of Turville | 680 c413-4GC (Link to this contribution)
We are not convinced that Amendments Nos. A233, A235 and A236 would clarify the application of Claus...
Baroness Noakes | 680 c426GC (Link to this contribution)
Why is it a requirement for an auditor general audit when there is no equivalent requirement for per...
Baroness Noakes | 680 c426GC (Link to this contribution)
I am grateful to the Minister for agreeing to take it away. I beg leave to withdraw the amendment.
...
Baroness Noakes | 680 c421GC (Link to this contribution)
I have always thought that the best route through which to deal with the audit of companies was thro...
Baroness Noakes | 680 c430GC (Link to this contribution)
Will the Minister explain to me when this Bill will come into effect? If the intention is to appoint...
Baroness Noakes | 680 c429GC (Link to this contribution)
moved Amendment No. A243:
"Page 391, line 3, after ““function,”” insert—"
““( ) to be indepen...
Baroness Noakes | 680 c430GC (Link to this contribution)
moved Amendment No. A244:
"Page 391, line 12, leave out subsection (5)."
The noble Baroness said: ...
Baroness Noakes | 680 c431GC (Link to this contribution)
moved Amendment No. A245:
"Page 391, line 20, leave out subsection (2)."
The noble Baroness said: ...
Lord McKenzie of Luton | 680 c431-2GC (Link to this contribution)
Clause 826 sets out the framework for the supervision arrangements to be carried out by the independ...
Lord McKenzie of Luton | 680 c433-4GC (Link to this contribution)
As I explained in response to Amendment No. A245, the clause is drafted on the basis of a two-tier r...
Baroness Noakes | 680 c433GC (Link to this contribution)
moved Amendment No. A247:
"Page 391, line 41, leave out subsection (4)."
The noble Baroness said: ...
Baroness Noakes | 680 c433GC (Link to this contribution)
I thank the Minister for that reply. I completely understand that it is a requirement of the eighth ...
Lord McKenzie of Luton | 680 c432-3GC (Link to this contribution)
Amendment No. A246 deals with disciplinary action. Clearly, the likelihood of an Auditor General bei...
Lord McKenzie of Luton | 680 c437GC (Link to this contribution)
This clause contains a new provision that gives the Secretary of State the power to make regulations...
Baroness Noakes | 680 c435GC (Link to this contribution)
I thank the Minister for that reply. The legislation has no requirement to put in financial statemen...
Baroness Noakes | 680 c435GC (Link to this contribution)
I can accept that there is more than one way to skin a cat, but I hope the Minister will also accept...
Lord McKenzie of Luton | 680 c435GC (Link to this contribution)
Will the noble Baroness accept that there is a route to achieving what she wants, which is that when...
Lord Sainsbury of Turville | 680 c440GC (Link to this contribution)
This may be a convenient moment for the Committee to adjourn until 3.30 pm on 25 April.
Baroness Noakes | 680 c438GC (Link to this contribution)
That explanation is satisfactory. I beg leave to withdraw the amendment.
Amendment, by leave, withd...
Baroness Noakes | 680 c437-8GC (Link to this contribution)
moved Amendment No. A251:
"Page 398, line 3, leave out paragraph (c)."
The noble Baroness said: Am...
Baroness Noakes | 680 c440GC (Link to this contribution)
I thank the Minister for that reply. We feel that the way in which the definitions are approached co...
Lord McKenzie of Luton | 680 c440GC (Link to this contribution)
Clause 857 restates Section 53 of the 1989 Act with a few minor changes. The terms used in Part 33 o...
Lord McKenzie of Luton | 680 c438-9GC (Link to this contribution)
moved Amendment No. A251A:
"After Clause 843, insert the following new clause—"
““GRANTS TO BODIE...
Lord Sharman | 680 c379GC (Link to this contribution)
moved Amendment No. A204DA:"Page 464, line 30, after ““website”” insert ““and has agreed to such a r...
Lord Sainsbury of Turville | 680 c374GC (Link to this contribution)
moved Amendment No. A204A:"Page 461, line 21, leave out sub-paragraph (2)."
The noble Lord said: In...
Lord Sainsbury of Turville | 680 c374GC (Link to this contribution)
I shall make the point again. It is because that is a specific right that is not found elsewhere. Cl...
Lord Hodgson of Astley Abbotts | 680 c374GC (Link to this contribution)
We do not need to hack this to death again today, but the Minister said that the reason for not wish...
Lord Sainsbury of Turville | 680 c377GC (Link to this contribution)
Noble Lords may indeed ask why we have provided separate schedules for ““traded companies”” and ““co...
Lord Hodgson of Astley Abbotts | 680 c376GC (Link to this contribution)
If we have this for companies but not for individuals, perhaps we need to look at it again. I am not...
Lord Hodgson of Astley Abbotts | 680 c372-3GC (Link to this contribution)
I am grateful to the Minister for making that last point clear. Obviously that was the thrust of our...
Lord Sainsbury of Turville | 680 c372GC (Link to this contribution)
We have already agreed to consider the scope of Clause 755. As I said, the intention is that Clauses...
Lord Hodgson of Astley Abbotts | 680 c373GC (Link to this contribution)
We are having this stand part debate not because we are concerned with the contents of the clause, b...
Lord Sainsbury of Turville | 680 c373-4GC (Link to this contribution)
I am grateful to Members of the Committee for the opportunity to explain the importance of Clause 75...
Lord Hodgson of Astley Abbotts | 680 c369-70GC (Link to this contribution)
The Minister’s point about the varied forms of management structures is valid. It is a pity that we ...
Lord Hodgson of Astley Abbotts | 680 c370-1GC (Link to this contribution)
In this stand part debate, I confess to using a sledgehammer to crack a nut. We told the Bill team i...
Lord Sharman | 680 c370GC (Link to this contribution)
moved Amendment No. A203:"Page 460, line 4, leave out paragraph 46."
On Question, amendment agreed ...
Lord Sainsbury of Turville | 680 c387-8GC (Link to this contribution)
moved Amendment No. A208A:"After Clause 753, insert the following new clause—"
““REQUIREMENT OF AU...
Lord Hodgson of Astley Abbotts | 680 c386-7GC (Link to this contribution)
In this group, I have Amendment No. A208ZA, which addresses the same point as that just made by the ...
Lord Sainsbury of Turville | 680 c385GC (Link to this contribution)
Without a criminal sanction we think the requirement under Clause 752 to provide information or docu...
Lord Sharman | 680 c386GC (Link to this contribution)
moved Amendment No. A208ZAL:"Page 359, line 2, at end insert ““in the manner specified by the compan...
Lord Hodgson of Astley Abbotts | 680 c380GC (Link to this contribution)
moved Amendment No. A204LA:"Page 466, line 5, leave out ““wholly”” and insert ““materially””"
The n...
Lord Sainsbury of Turville | 680 c380-1GC (Link to this contribution)
moved Amendments Nos. A204M to A205:"Page 466, line 18, leave out paragraph 15 and insert—"
15 (...
Lord Sainsbury of Turville | 680 c390GC (Link to this contribution)
I think it would be to do with the competence of those presiding in such places, who may have no exp...
Lord Hodgson of Astley Abbotts | 680 c389GC (Link to this contribution)
moved Amendment No. A209C:"Page 359, line 37, at end insert ““or by means of a website in accordance...
Lord Sainsbury of Turville | 680 c405-7GC (Link to this contribution)
It would be helpful if I explain the Government’s approach. Part 31 has attracted a good deal of com...
Lord Hodgson of Astley Abbotts | 680 c403GC (Link to this contribution)
I am extraordinarily grateful. I ask the Minister to say that he will come back not just ““if necess...
Lord Hodgson of Astley Abbotts | 680 c412GC (Link to this contribution)
This is a new section, with no direct equivalent in the Companies Act 1985. It restricts the use of ...
Lord Sharman | 680 c413GC (Link to this contribution)
moved Amendment No. A233:
"Page 377, line 33, leave out from ““person”” to end and insert ““to whom...
Lord Sharman | 680 c410GC (Link to this contribution)
I am grateful to the Minister for his explanation. I will reflect on it but, for this afternoon, I b...
Lord Hodgson of Astley Abbotts | 680 c392GC (Link to this contribution)
moved Amendment No. A212ZB:"Page 474, line 42, leave out ““memorandum or””"
On Question, amendment ...
Lord Sainsbury of Turville | 680 c392GC (Link to this contribution)
moved Amendment No. A212A:"Page 475, line 2, leave out ““the expression ““actually exercises a domin...
Lord Sainsbury of Turville | 680 c391GC (Link to this contribution)
moved Amendment No. A212:"Page 361, line 39, leave out ““or defender”” and insert ““(in Scotland, gr...
Lord Sainsbury of Turville | 680 c403GC (Link to this contribution)
Clause 769 repeals various provisions of Part X of the Companies Act 1985. The noble Lord, Lord Hodg...
Lord Sharman | 680 c358GC (Link to this contribution)
I thank the Minister for his reply. In the circumstances, I beg leave to withdraw the amendment.
Am...
Lord McKenzie of Luton | 680 c358GC (Link to this contribution)
I have heard what the noble Lord said, but we are not persuaded that the wording would be an improve...
Lord McKenzie of Luton | 680 c360-1GC (Link to this contribution)
At the moment, under the Bill, except in quite narrowly defined circumstances, it would be possible ...
Lord McKenzie of Luton | 680 c362GC (Link to this contribution)
Where a court has declared that certain material is derived from something done without the authorit...
Lord McKenzie of Luton | 680 c362-3GC (Link to this contribution)
moved Amendment No. A195A:"After Clause 706, insert the following new clause—"
““POWERS OF COURT O...
Lord Freeman | 680 c363-5GC (Link to this contribution)
moved Amendment No. A196:"After Clause 706, insert the following new clause—"
““REMOVAL OF PROTECT...
Lord Freeman | 680 c365-6GC (Link to this contribution)
I am very grateful for that extremely helpful and courteous response. We look forward to Report stag...
Lord McKenzie of Luton | 680 c366GC (Link to this contribution)
moved Amendment No. A196B:"After Clause 721, insert the following new clause—"
““PROVISIONS REQUIR...
Lord Sharman | 680 c368GC (Link to this contribution)
I understand the Minister’s arguments but I am not convinced by them. I will consider carefully what...
Lord Sharman | 680 c367GC (Link to this contribution)
moved Amendment No. A197:"Page 350, line 13, after ““if”” insert ““knowingly and wilfully””"
The no...
Lord Sainsbury of Turville | 680 c419-20GC (Link to this contribution)
Clause 818 restates Section 33 of the Companies Act 1989 and allows the Secretary of State to approv...
Baroness Noakes | 680 c419GC (Link to this contribution)
moved Amendment No. A239B:
"Page 388, line 13, leave out subsection (4)."
The noble Baroness said:...
Baroness Noakes | 680 c420GC (Link to this contribution)
When the Minister sends that letter, perhaps he could specifically confirm whether there is any chan...
Lord Sainsbury of Turville | 680 c415-6GC (Link to this contribution)
Part 1 of Schedule 10 restates provisions of Schedule 11 of the 1989 Act on the granting, refusing a...
Lord Sainsbury of Turville | 680 c414GC (Link to this contribution)
moved Amendment No. A236A:
"Page 378, line 39, leave out ““Part”” and insert ““Chapter””"
The nobl...
Lord Sharman | 680 c414GC (Link to this contribution)
I listened carefully to what the Minister said, and I would like the opportunity to reflect on it. F...
Lord Sharman | 680 c427GC (Link to this contribution)
I support the amendment moved by the noble Baroness, and in particular her comments on freedom of in...
Lord McKenzie of Luton | 680 c425-6GC (Link to this contribution)
I shall read my speaking note and then give the shortened version afterwards.
This clause provides ...
Baroness Noakes | 680 c424GC (Link to this contribution)
The Minister rephrased my self-denying ordinance as ““agreements”” but of course he knows that these...
Baroness Noakes | 680 c420GC (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 818 agreed to.
Clau...
Lord Sainsbury of Turville | 680 c420GC (Link to this contribution)
We will cover that point in the letter.
Lord McKenzie of Luton | 680 c430-1GC (Link to this contribution)
Subsection (5) of Clause 825 allows the Secretary of State to set down in a statutory instrument the...
Lord McKenzie of Luton | 680 c434-5GC (Link to this contribution)
The Government agree in principle that the costs of the independent supervisor’s supervision of the ...
Baroness Noakes | 680 c432GC (Link to this contribution)
I will read the record on it, but I do not think that it will answer the point I made, which is why ...
Lord McKenzie of Luton | 680 c435-6GC (Link to this contribution)
moved Amendment No. A248A:
"Page 397, line 3, at end insert—"
““( ) The Secretary of State ma...
Lord McKenzie of Luton | 680 c436GC (Link to this contribution)
It would be those countries which have equivalent regulations. A particular example would be US audi...
Lord McKenzie of Luton | 680 c438GC (Link to this contribution)
Clause 838 defines the meaning of the term ““third country auditors””. A requirement of the eighth c...
Baroness Noakes | 680 c437GC (Link to this contribution)
In which case, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment N...
Lord Sainsbury of Turville | 680 c374GC (Link to this contribution)
I think that is particularly related to the issue of providing a hard copy where it is required in t...
Lord Sainsbury of Turville | 680 c371GC (Link to this contribution)
We will agree to consider this amendment. It appears to correct a typo, but there are knock-on effec...
Lord Sharman | 680 c372GC (Link to this contribution)
My name is attached to these amendments. I support what the noble Lord, Lord Hodgson, has said. I ha...
Lord Hodgson of Astley Abbotts | 680 c372GC (Link to this contribution)
moved Amendment No. A203B:"Page 357, line 18, at end insert—"
““( ) The provisions of sections...
Lord Hodgson of Astley Abbotts | 680 c374GC (Link to this contribution)
I am grateful to the Minister for putting that on the record. In that case, why is there a specific ...
Lord Sainsbury of Turville | 680 c368-9GC (Link to this contribution)
I think we can all recognise, as the Company Law Review did, that there may be a category of company...
Lord Sainsbury of Turville | 680 c370GC (Link to this contribution)
moved Amendments Nos. A199 to A200:"Page 447, line 20, leave out ““subsection (1)”” and insert ““thi...
Lord Hodgson of Astley Abbotts | 680 c371GC (Link to this contribution)
I am pleased to have my English brought up to date this afternoon. I must say that I have not seen “...
Lord Hodgson of Astley Abbotts | 680 c388GC (Link to this contribution)
moved Amendment No. A209B:"Page 359, line 31, after ““Kingdom”” insert ““or overseas””"
The noble L...
Lord Sainsbury of Turville | 680 c388GC (Link to this contribution)
moved Amendment No. A209:"Page 359, line 13, leave out from ““market”” to end of line 15."
On Quest...
Lord Hodgson of Astley Abbotts | 680 c387GC (Link to this contribution)
In the spirit of candour, the numbering is so overwhelming me at the moment that I was not able to l...
Lord Sharman | 680 c387GC (Link to this contribution)
I beg leave to withdraw the amendment.
[Amendments Nos. A208ZAM and A208ZA not moved.]
Clause 753 ...
Lord Sainsbury of Turville | 680 c387GC (Link to this contribution)
We understand the concerns about the requirement for companies to send information that is in electr...
Lord Brougham and Vaux | 680 c385GC (Link to this contribution)
In Clause 753, Amendments Nos. A208ZAK and A208ZAJ are grouped together but on the Marshalled List t...
Lord Hodgson of Astley Abbotts | 680 c382-3GC (Link to this contribution)
moved Amendment No. A208ZAA:"Page 357, line 34, leave out from ““supplied”” to end of line 5 on page...
Lord Sharman | 680 c383GC (Link to this contribution)
I shall speak to Amendment No. A208ZAB, which is in this group. The noble Lord, Lord Hodgson, has al...
Lord Sainsbury of Turville | 680 c381GC (Link to this contribution)
moved Amendment No. A206:"Page 468, line 26, leave out sub-paragraph (3)."
On Question, amendment a...
Lord Hodgson of Astley Abbotts | 680 c389GC (Link to this contribution)
moved Amendment No. A210:"Page 360, line 18, after ““case”” insert ““of””"
The noble Lord said: Thi...
Lord Hodgson of Astley Abbotts | 680 c389GC (Link to this contribution)
I am grateful to the Minister and look forward to hearing his further advice. I beg leave to withdra...
Lord Hodgson of Astley Abbotts | 680 c403-4GC (Link to this contribution)
We have no difficulty with this group of amendments. We were hoping that the Government might seek t...
Lord Hodgson of Astley Abbotts | 680 c404-5GC (Link to this contribution)
moved Amendment No. A225E:
"Page 367, line 7, at end insert—"
““( ) If the order would have t...
Lord Sharman | 680 c405GC (Link to this contribution)
I notice that it says under this group of amendments that my noble friend Lord Razzall and I would o...
Lord Sainsbury of Turville | 680 c409-10GC (Link to this contribution)
These two amendments would restrict the application of their respective chapters to those with a UK ...
Lord Sainsbury of Turville | 680 c411-2GC (Link to this contribution)
his part of the Bill has wide application. It replaces some provisions from the Companies Act 1985 t...
Lord Sainsbury of Turville | 680 c412GC (Link to this contribution)
Amendment No. A231A would make the wording in the clause different from that in Clause 76, which use...
Lord Sharman | 680 c410GC (Link to this contribution)
moved Amendment No. A227:
Part 373, line 26, after ““individuals”” insert ““or corporate bodies (or...
Lord Sainsbury of Turville | 680 c410-1GC (Link to this contribution)
Amendments Nos. A227 and A228 would restrict the coverage of the Bill’s controls over business names...
Lord Sainsbury of Turville | 680 c394GC (Link to this contribution)
The purpose of Clause 766 is to provide the definition of terms used in the Bill for the avoidance o...
Lord Sainsbury of Turville | 680 c393GC (Link to this contribution)
moved Amendment No. A215:"Before Clause 766, insert the following new clause—"
““REFERENCES TO REQ...
Lord Sainsbury of Turville | 680 c395-402GC (Link to this contribution)
moved Amendment No. A225AZA:
After Schedule 9, insert the following new schedule—"““INDEX OF DEFINE...
Lord Hodgson of Astley Abbotts | 680 c402-3GC (Link to this contribution)
moved Amendment No. A225ZAA:
"Page 366, line 2, leave out ““following””"
The noble Lord said: In m...
Lord Sainsbury of Turville | 680 c394GC (Link to this contribution)
moved Amendment No. A216:"Page 365, line 16, at end insert—"
““““regulated market”” has the same m...
Lord McKenzie of Luton | 680 c358GC (Link to this contribution)
As the Government set out in their memorandum to the Delegated Powers and Regulatory Reform Committe...
Lord Hodgson of Astley Abbotts | 680 c361GC (Link to this contribution)
That is a handsome offer so early in the afternoon from the Minister, for which I am extremely grate...
Lord McKenzie of Luton | 680 c365GC (Link to this contribution)
I thank the noble Lord, Lord Freeman, for raising this matter again in the manner in which he did, a...
Lord McKenzie of Luton | 680 c366GC (Link to this contribution)
moved Amendment No. A196A:"Page 345, line 21, leave out ““in the prescribed manner””"
On Question, ...
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