HC Deb 29 July 1976 vol 916 cc939-41

Amendments made: No. 136, in Clause 39, in page 53, line 19, leave out from 'section' to 'a' in line 20.

No. 137, in page 53, line 24, leave out 'the' and insert 'an'.

No. 138, in page 53, line 24, at end insert—

  1. '(a) if any of the conditions specified in subsection (2) below is fulfilled, and
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  3. (b) in a case to which subsection (3A) below applies'.

No. 139, in page 53, line 29, leave out 'before 18th March 1975' and insert: 'not later than the safeguarding date'.

No. 140, in page 53, line 35, at end insert— '(aa) that a company has, in pursuance of an authority or recommendation contained in a resolution of the directors of the company passed after 27th February 1974 and not later than the safeguarding date, and at a date on which it was a wholly owned subsidiary of an acquired company, made payments of interest of such a nature and amount that, on the relevant hypothesis, all persons who were directors of the company at the time when the resolution was passed would he liable to make a payment to the relevant Corporation under section 23(2) above;'.

No. 141, in page 53, line 43, leave out 'made or'.

No. 142, in page 54, leave out lines 1 to 4 and insert— (2A) The fulfilment with respect to a wholly owned subsidiary of an acquired company of a condition specified in paragraph (b) or (c) of subsection (2) above shall be treated for the purposes of subsection (1) above as its fulfilment'.

No. 143, in page 54, line 8, leave out 'in sections 23, 24 and 30 above to 17th March 1975' and insert: 'to the safeguarding date in section 23 or 30 above'.

No. 144, in page 54, line 11, leave out from 'the' to 'to' in line 12, and insert: 'references to 29th October 1974 in section 24(1)(b) and (2) above there were substituted references'.

No. 145, in page 54, line 15, leave out' 18th March 1975' and insert: 'the day after the safeguarding date'.

No. 146, in page 54, line 20, leave out from 'reference' to 'there' in line 21, and insert: 'to the date of transfer in section 23, 30 or 31 above'.

No. 147, in page 54, line 22, leave out '18th March 1975' and insert: 'the day after the safeguarding date'.

No. 148, in page 54, line 22, at end insert— '(3A) This subsection applies where, within the period beginning on 28th February 1974 and ending—

  1. (a) on the date of service of a notice under section 21(1) above, or
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  3. (b) 9 months after the date of transfer,
whichever is the earlier, there has been repayment of the whole or any part of the principal of a debt the right to repayment of which, had the debt continued in existence, would, on the service of a notice under the said section 21(1), have been treated as mentioned in subsection (5)(a) of that section.'.

No. 149, in page 54, line 29, leave out 'in subsection (2)(a)' and insert: 'specified in subsection (2)(a) or (aa)'.

No. 150, in page 54, line 34, after 'condition', insert 'specified'.

No. 151, in page 54, line 40, after 'condition', insert 'specified'.

No. 152, in page 54, line 45, at end add: 'and (d) in a case to which subsection (3A) above applies, the net loss to the Corporation resulting from the repayment in question.'.

No. 153, in page 55, line 1, leave out from beginning to 'shall' in line 2 and insert: (5) The question—

  1. (a) whether any, and if so which, of the conditions specified in subsection (2) above is fulfilled, or
  2. (b) whether, in any case, subsection (3A) above applies,
and any question as to
  1. (i) the amount of the appropriate deduction to be made in respect of any securities, or
  2. (ii) any amount to be included in such a deduction by virtue of subsection (4) above.'—[Mr. Kaufman.]

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