HL Deb 13 November 1989 vol 512 cc1163-5

456 Page 227, line I, leave out from 'directors' to end of line 2 and insert—

  1. (a) in sub-paragraph (i) for "Christian name and surname" and in sub-paragraph (ii) for "Christian name or surname" substitute "name", and
  2. (b) for sub-paragraph (vii) substitute—
(vii) the date of his birth;".'.

457 Page 227, line 6, leave out '(1)' and insert '(1)(a)'.

458 Page 227, line 24, leave out '(twice)' and insert 'and "Christian name or surname" '.

459 Page 227, line 26, leave out from beginning to end of line 27 and insert— '"(3) Section 289(2)(a) and (b) apply for the purposes of the obligation under subsection (1)(a) of this section to state the name or former name of an individual.".'.

460 Page 227, line 46, at end insert— '3A.—(1) Section 686 of the Companies Act 1985 (documents to be delivered to registrar on registration of company not formed under companies legislation) is amended as follows. (2) In subsection (1) (particulars to be delivered to registrar), for paragraph (b) (particulars of directors and managers) substitute— (b) a list showing with respect to each director or manager of the company —

  1. (i) in the case of an individual, his name, address, occupation and date of birth,
  2. (ii) in the case of a corporation or Scottish firm, its corporate or firm name and registered or principal office,".
(3) After that subsection insert— (1A) For the purposes of subsection (1)(b)(i) a person's 'name' means his Christian name (or other forename) and surname, except that in the case of a peer, or an individual usually known by a title, the title may be stated instead of his Christian name (or other forename) and surname or in addition to either or both of them.". 3B. In section 691 of the Companies Act 1985 (documents to be delivered to registrar on registration of oversea company), for subsection (2) (particulars of directors and secretary) substitute— (2) The list referred to in subsection (1)(b)(i) shall contain the following particulars with respect to each director—
  1. (a) in the case of an individual—
    1. (i) his name,
    2. (ii) any former name,
    3. (iii) his usual residential address,
    4. (iv) his nationality,
    5. (v) his business occupation (if any),
    6. (vi) if he has no business occupation but holds other directorships, particulars of them, and
    7. (vii) his date of birth;
  2. (b) in the case of a corporation or Scottish firm, its corporate or firm name and registered or principal office.
 (3) The list referred to in subsection (1)(b)(i) shall contain the following particulars with respect to the secretary (or, where there are joint secretaries, with respect to each of them)—
  1. (a) in the case of an individual, his name, any former name and his usual residential address;
  2. (b) in the case of a corporation or Scottish firm, its corporate or firm name and registered or principal office.
 Where all the partners in a firm are joint secretaries of the company, the name and principal office of the firm may be stated instead of the particulars required by paragraph (a). (4) In subsections (2)(a) and (3)(a) above—
  1. (a) 'name" means a person's Christian name (or other forename) and surname, except that in the case of a peer, or an individual usually known by a title, the title may be stated instead of his Christian name (or other forename) and surname, or in addition to either or both of them; and
  2. (b) the reference to a former name does not include—
    1. (i) in the case of a peer, or an individual normally known by a British title, the name by which he was known previous to the adoption of or succession to the title, or
    2. (ii) in the case of any person, a former name which was changed or disused before he attained the age of 18 years or which has been changed or disused for 20 years or more, or
    3. (iii) in the case of a married woman, the name by which she was known previous to the marriage.".'.

461 Page 227, line 49, after `directors)' insert '—(a)'.

462 Page 227, line 50, at end insert '; and (b) For the words from "and, in the case" to the end substitute "and his date of birth".'.

463 Page 228, line 3, leave out '3(a)' and insert '3(1)(a)'.

464 Page 228, line 6, leave out '1 and 3' and insert '1(a) and 3(1)(a)'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 456 to 464. The principal change which these amendments make is a new requirement to give the dates of birth of all directors —not just those of companies to which the age restrictions apply—in the register of directors, in a statutory notification to the registrar of a change of director and in the documents which must be sent to the registrar on incorporation.

Moved, That the House do agree with the Commons in the said amendments.—(Lord Strathclyde.)

Lord Peston

My Lords, the noble Lord said what the schedule does, but he did not tell us why it does it. Is it because it is perfectly obvious to all intelligent people why dates of birth are so relevant to the fundamentals of company law? In that case it is obvious to all intelligent people but one. I have not the faintest idea why dates of birth are relevant to this matter. I do not need an answer now, but I would like to know what is the significance of dates of birth in relation to company law.

Lord Strathclyde

My Lords, it is no insult to the noble Lord's intelligence. It is simply a matter of knowledge. If he knew the Bill slightly better he would realise that it already requires this information to be given in the annual return and Clause 109, new Section 364(1)(e)(i) applies. That information can be up to a year out of date. Hence we seek these changes as a helpful aid. It will also assist Companies House to prepare a database of company directors with greater accuracy.

Lord Peston

My Lords, I understand the Minister to be saying that, with their great interest in sociology, the Government want to provide appropriate databases for their sociologists who wish to investigate the company sector. However, he has still not told me why the information is relevant. He has simply said that the matter goes back even earlier in the Bill. Obviously, it is such an important matter that one could not possibly oppose it.

On Question, Motion agreed to.