HC Deb 28 July 1947 vol 441 cc186-7
The Solicitor-General

I beg to move: In page 4, line 25, leave out "their expense," and insert "the expense of the requisitionists."

This is a drafting Amendment to avoid an ambiguity.

Mr. Manningham-Buller (Daventry)

Is there any precedent for the use of the word "requisitionists" in any Act of Parliament? It seems to be a very odd word. Am I too late to raise that point?

Amendment agreed to.

Sir S. Cripps

I beg to move: In page 5, line 26, at the end, to insert: The company shall also not be bound under this Section to circulate any statement if on the application either of the company or of any other person who claims to be aggrieved the Court is satisfied that the rights conferred by this section are being abused to secure publicity for defamatory matter. The Court may order the company's costs of the application to be paid in whole or part by the requisitionists notwithstanding that they are not parties to the application. This is a manuscript Amendment in place of the one on the Order Paper. I have been very anxious to meet hon. and right hon. Gentlemen who have that Amendment on the Order Paper. I think there is a real point here as regards the possibility under the Clause of forcing the company to circulate a document which might be pornographic or certainly defamatory, and therefore highly undesirable. It seems that it would be desirable to have some way in which they can be relieved of this obligation.

Mr. Deputy-Speaker (Major Milner)

I am bound to tell the right hon. and learned Gentleman that it is extremely late to put in a manuscript Amendment, but if it is matter more or less generally agreed, then I am willing to accept it.

Amendment agreed to.

The Solicitor-General

I beg to move in page 5, line 26, after the words last inserted, to insert: Provided that if, after a copy of a requisition requiring notice of a resolution has been deposited at the registered office of the company, an annual general meeting is called for a date six weeks or less after the copy has been deposited, the copy though not deposited within the time required by this Subsection shall be deemed to have been properly deposited for the purposes thereof. This Amendment is designed to avoid a situation which might arise in connection with the provision relating to the circulation of notices to members of a company by the device of calling the meeting less than six weeks after the requisition requiring notice of a resolution has been deposited. As the Clause stands, it might be possible to avoid the obligation of circulating the notice by calling the meeting within six weeks. This matter was raised during the Committee stage by the hon. Gentleman the Member for Hendon South (Sir H. Lucas-Tooth) and we feel there is a point in the argument that he advanced. This new proviso makes it impossible to avoid the obligation by that device.

Amendment agreed to.