Companies Act 2006 overview

2006 c. 46

Part 46— General supplementary provisions

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Sections 1288–1297

Regulations and orders

Section 1288— Regulations and orders: statutory instrument

Except as otherwise provided, regulations and orders under this Act shall be made by statutory instrument.

Section 1289— Regulations and orders: negative resolution procedure

Where regulations or orders under this Act are subject to “negative resolution procedure” the statutory instrument containing the regulations or order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 1290— Regulations and orders: affirmative resolution procedure

Where regulations or orders under this Act are subject to “affirmative resolution procedure” the regulations or order must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

Section 1291— Regulations and orders: approval after being made

  1. 1.

    Regulations or orders under this Act that are subject to “approval after being made”—

    1. (a)

      must be laid before Parliament after being made, and

    2. (b)

      cease to have effect at the end of 28 days beginning with the day on which they were made unless during that period they are approved by resolution of each House.

  2. 2.

    In reckoning the period of 28 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

  3. 3.

    The regulations or order ceasing to have effect does not affect—

    1. (a)

      anything previously done under them or it, or

    2. (b)

      the making of new regulations or a new order.

Section 1292— Regulations and orders: supplementary

  1. 1.

    Regulations or orders under this Act may—

    1. (a)

      make different provision for different cases or circumstances,

    2. (b)

      include supplementary, incidental and consequential provision, and

    3. (c)

      make transitional provision and savings.

  2. 2.

    Any provision that may be made by regulations under this Act may be made by order; and any provision that may be made by order under this Act may be made by regulations.

  3. 3.

    Any provision that may be made by regulations or order under this Act for which no Parliamentary procedure is prescribed may be made by regulations or order subject to negative or affirmative resolution procedure.

  4. 4.

    Any provision that may be made by regulations or order under this Act subject to negative resolution procedure may be made by regulations or order subject to affirmative resolution procedure.

“Bank of England”

Section 1292A— “Bank of England”

In this Act, except in section 796, references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.

Meaning of “enactment”

Section 1293— Meaning of “enactment”

In this Act, unless the context otherwise requires, “enactment” includes—

  1. (a)

    an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),

  2. (aa)

    an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

  3. (b)

    an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

  4. (c)

    an enactment contained in, or in an instrument made under, Northern Ireland legislation within the meaning of the Interpretation Act 1978.

Consequential and transitional provisions

Section 1294— Power to make consequential amendments etc

  1. 1.

    The Secretary of State or the Treasury may by order make such provision amending, repealing or revoking any enactment to which this section applies as they consider necessary or expedient in consequence of any provision made by or under this Act.

  2. 2.

    This section applies to—

    1. (a)

      any enactment passed or made before the passing of this Act,

    2. (b)

      any enactment contained in this Act or in subordinate legislation made under it, and

    3. (c)

      any enactment passed or made before the end of the session after that in which this Act is passed.

  3. 3.

    Without prejudice to the generality of the power conferred by subsection (1), orders under this section may—

    1. (a)

      make provision extending to other forms of organisation any provision made by or under this Act in relation to companies, or

    2. (b)

      make provision corresponding to that made by or under this Act in relation to companies,

    in either case with such adaptations or other modifications as appear to the Secretary of State or the Treasury to be necessary or expedient.

  4. 4.

    The references in subsection (3) to provision made by this Act include provision conferring power to make provision by regulations, orders or other subordinate legislation.

  5. 5.

    Amendments and repeals made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.

  6. 6.

    Orders under this section are subject to affirmative resolution procedure.

Section 1295— Repeals

The enactments specified in Schedule 16, which include enactments that are no longer of practical utility, are repealed to the extent specified.

Section 1296— Power to make transitional provision and savings

  1. 1.

    The Secretary of State or the Treasury may by order make such transitional provision and savings as they consider necessary or expedient in connection with the commencement of any provision made by or under this Act.

  2. 2.

    An order may, in particular, make such adaptations of provisions brought into force as appear to be necessary or expedient in consequence of other provisions of this Act not yet having come into force.

  3. 3.

    Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.

  4. 4.

    Orders under this section are subject to negative resolution procedure.

Section 1297— Continuity of the law

  1. 1.

    This section applies where any provision of this Act re-enacts (with or without modification) an enactment repealed by this Act.

  2. 2.

    The repeal and re-enactment does not affect the continuity of the law.

  3. 3.

    Anything done (including subordinate legislation made), or having effect as if done, under or for the purposes of the repealed provision that could have been done under or for the purposes of the corresponding provision of this Act, if in force or effective immediately before the commencement of that corresponding provision, has effect thereafter as if done under or for the purposes of that corresponding provision.

  4. 4.

    Any reference (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding repealed provision had effect, a reference to that corresponding provision.

  5. 5.

    Any reference (express or implied) in any enactment, instrument or document to a repealed provision shall be construed (so far as the context permits), as respects times, circumstances and purposes in relation to which the corresponding provision of this Act has effect, as being or (according to the context) including a reference to the corresponding provision of this Act.

  6. 6.

    This section has effect subject to any specific transitional provision or saving contained in this Act.

  7. 7.

    References in this section to this Act include subordinate legislation made under this Act.

  8. 8.

    In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).