§ [Nos.60 to 66.]
§ Page 36, line 23, at end insert—
§
("Section 409 of the Act of 1948 shall be renumbered as subsection (1) of that section, and after that subsection there shall be inserted—
(2) If any change is made in the corporate name of an oversea company, the company shall, within the prescribed time, deliver to the registrar for registration a return containing the prescribed particulars of the change."").
§ Page 36, line 26, at end insert—
§ ("In section 417(5)(b) of the Act of 1948 for the words "dealt in or quoted" there shall be substituted the word "listed".
§ In section 418(1)(b) of the Act of 1948 for the words dealt in or quoted" there shall be substituted the word "listed".").
§ Page 36, line 27, leave out lines 27 to 30 and insert—
§ ("In section 426 of the Act of 1948, in subsection (1) for the words from "copy or extract 851 of any other document "to" registrar" there shall be substituted the words "sealed copy or extract of any other document or any part of any other document"; and in subsection (3) for the words from "certified" to "prove)" there shall he substituted the words "sealed with a seal prepared under section 424(5) of this Act.""
§ Page 36, line 35, at end insert—
§ ("In section 439 of the Act of 1948 for the words "limited ', or any contraction or imitation of that word" there shall be substituted the words "limited 'or' cyfyngedig', or any contraction or limitation of either of those words."")
§ Page 37, line 12, leave out from ("1976") to end of line 13.
§ Page 37, line 18, leave out from ("Table C") to ("of") in line 19 and insert ("for the words from" section 159 "to the end there shall be substituted the words" section 161 of the Act, section 14 of the Companies Act 1967 and sections 13 to 17 (Appointment and removal of auditors) and (Supplementary provisions relating to the appointment and removal of auditors) ".").
§ Page 37, line 20, at end insert—
§ "In Schedule 8 to the Act of 1948, in paragraph 5(2)(c) for the word quoted" there shall be substituted the word "listed" and for the word "unquoted" there shall be substituted the word "unlisted".
§ In Schedule 8 to the Act of 1948, in paragraph 5A for the word unquoted "there shall be substituted the word "unlisted".
§ "In Schedule 8 to the Act of 1948, in paragraph 8 for the word "quoted" in subparagraphs (I)(a) and (3) there shall be substituted the word "listed" for the word "unquoted" in sub-paragraph (1)(a) there shall be substituted the word "unlisted" and for the words "quotation or permission to deal" in subparagraph (3) there shall be substituted the word "listing".
§ In Schedule 8 to the Act of 1948, in paragraph 11 for the word "unquoted" in subparagraph (6A) there shall be substituted the word "unlisted" and the word "quoted" in sub-paragraph (8) there shall be substituted the word "listed".
§ In Schedule 8 to the Act of 1948 in paragraph 12(1)(g) for the word "quoted" there shall be substituted the word "listed" and for the word "unquoted" there shall be substituted the word "unlisted".
§ In Schedule 8 to the Act of 1948. in paragraph 28 for the word "quoted" there shall be substituted the word "listed for the words" quotation or permission to deal "there shall be substituted the word" listing "and for the word" unquoted "there shall be substituted the word" unlisted ".").
§ 11.34 p.m.
§ Lord WINTERBOTTOMMy Lords, I beg to move that this House doth agree with the Commons in their Amendment Nos. 60 to 66, en bloc.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Winterboitoin.)
852§ The Lord Bishop of ELYMy Lords, may I ask the noble Lord, Lord Winter-bottom, whether he could explain Amendment No. 63. What have the Government in mind in connection with the "imitation" of the word "limited" and the Scottish and Welsh equivalents? Does it mean the imitation of the word or the limitation of the word? I understand the limitation of "limited" to "Ltd.", but I am not sure what is meant by imitation of the word.
§ Lord WINTERBOTTOMMy Lords, this is a very interesting semantic point. May I just read Amendment No. 63 for your Lordships' information? It states:
§
Page 36, line 35, at end insert—
("In section 439 of the Act of 1948 for the words "limited ', or any contraction or imitation of that word there shall he substituted the words "limited 'or' cyfyngedig', or any contraction or imitation of either of those words."")
§ The right reverend Prelate has an acute eye. I suspect that it may be a misprint, because I know that there are two misprints.
§ Lord LYELLMy Lords, I believe that there were some misprints in Amendment No. 14, but it seems that "imitation" is fairly clear. I have been addressing my mind to this problem, and I admit that I do not know how one would imitate "limited" or "cyfyngedicr,", the Welsh equivalent. The right reverend Prelate could well be right and it might be "limitation".
§ Lord WINTERBOTTOMMy Lords, it is not a mistake. I understand that Section 439 makes it an offence to use the word "limited" if the body is not a limited company. The word "imitation" is therefore right. It is also an offence to use a word which is an imitation of "limited". If a company which is not limited is called a limited company, you are imitating a limited company. The noble Lord is an accountant and perhaps he can help.
§ Lord LYELLMy Lords, I put it as an attempt to deceive an officer when the candidate for a court-martial has succeeded in doing that. I suspect that the word "imitation means what the noble Lord believes it to mean. His information will be more up-to-date and precise than my studies of the 1948 to 1967 Acts, and this Bill. It would appear to be the equivalent 853 of attempting to deceive when, in fact, one has already deceived and there is no attempt at all.
§ Lord WINTERBOTTOMMy Lords, I hope that the right reverend Prelate is satisfied by this joint elucidation of a very misleading Amendment.
The Lord Bishop of ELY. My Lords, I am grateful to the noble Lord for his explication of this difficult semantic matter at this time of night.