HC Deb 19 October 1976 vol 917 cc1383-4
Mr. Peter Morrison

I beg to move Amendment No. 89, in page 34, line 46, at end insert— '(2) Regulations made under subsection 1 of this section shall not come into force earlier than one year after their publication in the London and Edinburgh Gazettes'.

Mr. Deputy Speaker

With this we may take Amendment No. 90, in page 35, line 5, after 'may', insert 'within 14 days of the document being delivered'.

Mr. Morrison

Amendment No. 89 makes clear that it is unnecessary and unreasonable for companies to comply with the registrar's specified forms for one year. It may be impossible for them to acquire the correct forms because of a printing strike, for instance. In such circumstances a company would not be able to comply with the law and a year's grace is reasonable.

I now turn to Amendment No. 90. If the registrar has had a document for 14 days it should be deemed to have been accepted.

Mr. David Mitchell

I support my hon. Friend the Member for City of Chester (Mr. Morrison), particularly in connection with Amendment No. 90, which is very reasonable.

While the Minister is clarifying that matter will he clarify another matter, related to these documents, that is causing some concern? The accounting records referred to on page 15 must, according to Clause 12(6), be kept at the registered office of the company or at such other place as the directors…think fit". Does the use of the word "place" mean that they must be kept in one place? What is the position of companies in places such as Basingstoke, with part of their accounting records in London and other accounting records—

Mr. Deputy Speaker

Order. I do not think that that question has anything to do with the amendments under discussion.

Mr. Mitchell

I hoped that it would come in under Amendment No. 90, Mr. Deputy Speaker.

Mr. Deputy Speaker

That is probably rather a pious hope.

Mr. Arthur Davidson

I am sorry once again to have to resist Opposition amendments.

Amendment No. 89 is undesirable because it would not only give companies one year's notice of regulations concerning the size, legibility and durability of documents to be delivered to the registrar but would prevent any alteration of such regulations without a further year's delay. This is an unnecessary restriction on the registrar.

Amendment No. 90 would tie the registrar too rigidly to a fixed time within which he must deal with documents. If a document is received which does not comply with the requirements, the registrar will use his best efforts to notify the company as soon as possible—normally within 14 days. However, should there be any delay before a company is notified by the registrar that a document does not comply with the requirements the company would not incur a penalty as a result of that delay. The period in respect of which a penalty may be imposed runs from the date on which the registrar serves notice that the document is defective.

Amendment negatived.

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