HL Deb 27 October 1981 vol 424 cc945-6

30 After Clause 32, insert the following new clause:

("Temporary extension of power to require company to change its name

. (1) In relation to any company which was first registered, or registered by a new name, at any time during the period beginning with 18th March 1981 and ending with 23rd August 1981 section 18(2) of the 1948 Act (power of Secretary of State to direct company registered by name too like an existing company's name to change its name) shall have effect as if for the words "within six months of its being registered by that name" there were substituted the words" before 24th February 1982".

(2) Where in the case of any oversea company the relevant date within the meaning of section 31(2) of the 1976 Act (date of delivery of certain documents on the company's first establishing a place of business in Great Britain or date of return as to change in the company's corporate name) falls within the period mentioned in subsection (1) above, section 31(2) (which restricts the power of the Secretary of State to serve a notice under subsection (1) of that section in effect requiring an oversea company to use a name other than its corporate name for carrying on business in Great Britain) shall have effect in relation to that company as if for the words from "six months" (in the first place where they occur) to "this section" (in the second place where they occur) there were substituted the words" 23rd February 1982".

(3) This section applies in relation to any such company as is mentioned in subsection (1) or (2) above notwithstanding the fact that the period of six months mentioned in section 18(2) or (as the case may be) in section 31(2) has expired in the case of that company before this section comes into operation.

(4) In this section "oversea company" has the meaning given by section 406 of the 1948 Act.").

Lord Mackay of Clashfern

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 30. One of the results of the recent industrial action within the Civil Service was that the index of company names was not updated by the Registrar of Companies between 18th March and 23rd August 1981 inclusive, and was therefore not available for inspection by members of the public. This index is the present non-statutory version of the index which will be required to be kept under Clause 23. As your Lordships know, this is the record that companies may use to check on other companies' registrations. In respect of names registered during the absence of the index, objecting companies may subsequently have, or have had, only a restricted time in which to examine the index and lodge their objections before the expiry of the six-month period within which objections may be tabled. We have received representations about this and consider that the absence of the index, caused by industrial action, may have resulted in companies being registered by names which are "too like" those of existing companies and that, in the circumstances, we are justified in extending the period in which a direction under Section 18(2) may be given in respect of names registered in that period. It is that which this amendment achieves. I beg to move.

Moved, That this House doth agree with the Commons in the said amendment.—(Lord Mackay of Clashfern.)

Lord Lloyd of Kilgerran

My Lords, I am much obliged to the noble and learned Lord for explaining that. This is one of the clauses that I found incomprehensible. I was quite wrong. Now that the noble and learned Lord has explained it, it is quite clear: it is due to the industrial action that occurred. I am much obliged to the noble and learned Lord.

On Question, Motion agreed to.

5.40 p.m.