Companies (Audit, Investigations and Community Enterprise) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 11

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

66Page 13, line 10, after "disclosed" insert "at the request of, and"
67Page 13, leave out lines 17 to 19
68Page 13, line 22, at end insert—
    "(c)  may only be disclosed if that information was lawfully obtained by the Inland Revenue for tax purposes."
69Page 13, line 24, leave out "for the purpose of facilitating" and insert "to enable"
70Page 13, line 30, at end insert—
    "(3A)  For the purpose of subsection (1) a person is only permitted if the authorised person has good reason to believe that there are grounds for an application under section 245B of this Act or Article 253B of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.))."
 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE LORD SHARMAN
THE LORD RAZZALL

71Page 15, line 23, leave out from "where" to end of line 24 and insert "a person who is authorised under section 245C (other persons authorised to apply to court) of this Act reasonably believes there is a question as to"
 

THE LORD RAZZALL
THE LORD SHARMAN

72Page 15, line 28, after "(3)" insert ", subject to subsection (3A),"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

73Page 15, line 28, after "document" insert "of the company"
74Page 15, line 29, after "explanations" insert "by the company"
75Page 15, line 35, at end insert "or its subsidiaries"
76Page 15, leave out line 36 and insert—
    "(b)  any officer or auditor of the company or those employees of the company engaged in the preparation of the company's accounts;"
77Page 15, line 36, leave out ", employee,"
78Page 15, line 36, at end insert "or its subsidiaries"
 

THE LORD RAZZALL
THE LORD SHARMAN

79Page 15, line 39, at end insert—
    "(3A)  Where the relevant person mentioned in subsection (3) is an auditor of the company, the reference to a document in subsection (2) does not extend beyond documents that have been exchanged between the auditor and the company, its officers or employees that are relevant to the particular matters being investigated pursuant to subsection (1)."
 

THE LORD SAINSBURY OF TURVILLE

80Page 16, line 29, at end insert—
    "(   )  An order under subsection (4) must not—
    (a)  amend Part 1 of Schedule 7B by specifying a person unless the person exercises functions of a public nature (whether or not he exercises any other function);
    (b)  amend Part 2 of Schedule 7B by adding or modifying a description of disclosure unless the purpose for which the disclosure is permitted is likely to facilitate the exercise of a function of a public nature;
    (c)  amend Part 3 of Schedule 7B so as to have the effect of permitting disclosures to be made to a body other than one that exercises functions of a public nature in a country or territory outside the United Kingdom."
 

Clause 13

 

THE LORD RAZZALL
THE LORD SHARMAN

81*Page 17, line 11, leave out "may also make provision"
82*Page 17, line 12, at beginning insert "may also make provision"
83*Page 17, line 15, at end insert—
    "(ab)  shall, by 31st December 2005, also make provision for the issuing, by such body or bodies as may be specified, of standards in relation to the environment and social performance of the company to be contained in reports which are required by this Part to be prepared by the directors of a company;"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

84Page 17, line 27, leave out "and other supplementary and incidental"
 

Clause 14

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

85Page 18, line 24, leave out "is to" and insert "may"
86Page 18, line 25, leave out subsection (8)
 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE LORD SAINSBURY OF TURVILLE

87Page 19, line 35, at end insert "; and
(   )  the references in section 245F(4) and (5) to "the court" were to the High Court or, in Scotland, the Court of Session."
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 17

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

88Page 21, line 14, insert—
"(c)  must take into account representation made to him by, or on behalf of, those who will pay the levy"
 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

Clause 18

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

89Page 21, line 41, at beginning insert "Where there appears to be good reason,"
90Page 22, line 12, at end insert—
    "(   )  Nothing in this section should result in a person being required to produce or disclose a document in respect of which legal professional privilege could be infringed."
91Page 22, line 12, at end insert—
    "(   )  Any such information or documents must relate to the company specified by the Secretary of State under subsection (1)."
 

Clause 20

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GLENTORAN

92Page 23, line 31, leave out "thinks" and insert "reasonably believes"
93Page 23, line 33, at end insert "during normal office hours"
94Page 23, line 35, after "there" insert "during normal office hours"
95Page 23, line 35, leave out "thinks" and insert "reasonably believe is"
96Page 23, line 35, after "necessary" insert "not exceeding one month (or such longer period as may be authorised by the Secretary of State)"
97Page 23, line 39, at end insert "but exclude any premises (or parts of premises) which are occupied by any individual as a dwelling"
 

Schedule 2

 

THE LORD SAINSBURY OF TURVILLE

98Page 53, line 35, at end insert—
    "(   )      An order under subsection (3) must not—
    (a)  amend Schedule 15C by specifying a person unless the person exercises functions of a public nature (whether or not he exercises any other function);
    (b)  amend Schedule 15D by adding or modifying a description of disclosure unless the purpose for which the disclosure is permitted is likely to facilitate the exercise of a function of a public nature."
    99Page 60, line 18, at end insert—
            "A disclosure for the purpose of enabling or assisting a body appointed under section 14 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (supervision of periodic accounts and reports of issuers of listed securities) to exercise functions mentioned in subsection (2) of that section."
     

    Clause 23

     

    THE LORD PHILLIPS OF SUDBURY
    THE LORD RAZZALL

    100*Page 26, line 18, at end insert "which shall be subject to all relevant provisions of the Companies Acts as offered by the provisions of this enactment"
    101*Page 26, line 25, leave out from "company" to end of line 29 and insert "may also be a charity"
     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    102Page 26, line 26, leave out paragraph (a)
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

     The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill.
     

    Clause 24

     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    103Page 26, line 33, leave out subsection (2)
     

    THE LORD PHILLIPS OF SUDBURY
    THE LORD RAZZALL

    104*Page 27, line 3, leave out "most efficient and economic way" and insert "way which best advances the community interest objects of the companies."
     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    105Page 27, line 4, at end insert ", and
    (d)  the need to provide advice when requested to any community interest company as to the permissibility of an action."
     

    THE LORD PHILLIPS OF SUDBURY
    THE LORD RAZZALL

    106*Page 27, line 9, at end insert "in all cases without charge"
     

    Schedule 3

     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    107Page 62, line 4, leave out from "for" to end of line 5 and insert "a period of three years, which may be renewed for a maximum of two further three year terms."
    108Page 62, line 10, leave out "or misbehaviour"
     

    Clause 25

     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    109Page 27, line 25, at end insert "or there has been a change in the facts"
     

    THE LORD PHILLIPS OF SUDBURY
    THE LORD RAZZALL

    110*Page 27, line 25, at end insert ", law or circumstances"
     

    Clause 26

     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

     The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.
     

    Schedule 5

     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

    111Page 65, line 18, at end insert—
    "(3)  The Regulator must not give any directions to the Official Property Holder which might conflict with the duties of an insolvent CIC to use assets to pay back creditors."
     The above-named Lords give notice of their intention to oppose the Question that Schedule 5 be the Fifth Schedule to the Bill.
     

    Clause 27

     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    112Page 28, line 3, leave out "may" and insert "must"
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

    113Page 28, line 4, after "assets" insert "or other transactions"
    114Page 28, line 5, leave out "their members" and insert "or in favour of their members or other persons"
     

    THE LORD PHILLIPS OF SUDBURY
    THE LORD RAZZALL

    115*Page 28, line 7, at end insert—
    "(   )  impose limits on the payment of remuneration or other benefits to members and directors of community interest companies"
     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    116Page 28, line 8, leave out subsection (2) and insert—
    "(2)  The regulations must make provision for a central limit to be set by the Regulator, which may be varied in respect of individual community interest companies only on application to the Regulator."
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

    117Page 28, line 8, leave out "may" and insert "must"
     

    THE LORD GLENTORAN
    THE LORD HODGSON OF ASTLEY ABBOTTS

    118Page 28, line 9, leave out subsection (3)
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

    119Page 28, line 10, leave out "may" and insert "must"
     

    Clause 28

     

    THE LORD SAINSBURY OF TURVILLE

    120Page 28, line 22, leave out from "distribution" to "may" in line 23 and insert ", on the winding up of a community interest company, of any assets of the company which remain after satisfaction of the company's liabilities.
    (   )  The regulations"
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE LORD GLENTORAN

     The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.

 
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©Parliamentary copyright 2004
15 March 2004