Search Legislation

The Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009 No. 2982

Draft Regulations laid before Parliament under sections 54(3), 1193(3) and 1290 of the Companies Act 2006, and section 54(3) of that Act as applied by regulation 8 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2009 No. 0000

Companies

Limited Liability Partnerships

Business Names

The Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

Made

*** 2009

Coming into force immediately after it is made

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 54(1)(c), 56(1)(a), 1193(1)(c), 1195(1)(a) and 1292(1) of the Companies Act 2006(1) and sections 54(1)(c) and 56(1)(a) and 1292(1) of the Companies Act 2006 as applied to limited liability partnerships by regulations 8 and 81 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009(2).

In accordance with sections 54(3), 1193(3) and 1290 of the Companies Act 2006 and section 54(3) of that Act as applied by regulation 8 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009 and come into force immediately after they are made.

Interpretation

2.—(1) In these Regulations “the 2006 Act” means the Companies Act 2006.

(2) Any reference to section 54 of the 2006 Act in these Regulations includes a reference to that section as applied by regulation 8 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009.

Specified “public authorities”

3.  Each of the persons and bodies set out in column (1) of the Schedule is specified for the purposes of sections 54 and 1193 of the 2006 Act.

Specified Government department or other body whose view must be sought

4.  In connection with an application for the approval of the Secretary of State under section 54 or 1193 of the 2006 Act in relation to a name that would be likely to give the impression of a connection with a public authority set out in column (1) of the Schedule the applicant must seek the view of the Government department or other body set out opposite that public authority in column (2) of the Schedule.

Savings for existing lawful business names

5.—(1) This Regulation has effect in relation to section 1193 of the 2006 Act.

(2) These Regulations do not apply to the carrying on of a business by a person who—

(a)carried on the business immediately before the date on which these Regulations came into force, and

(b)continues to carry it on under the name that immediately before that date was its lawful business name.

(3) Where—

(a)a business is transferred to a person on or after the date on which these Regulations came into force, and

(b)that person carries on the business under the name that was its lawful business name immediately before the transfer,

these Regulations do not apply in relation to the carrying on of the business under that name during the period of twelve months beginning with the date of the transfer.

(4) In this regulation “lawful business name”, in relation to a business, means a name under which the business was carried on without contravening the provisions of Chapter 1 of Part 41 of the 2006 Act.

Name

[Minister]

Department for Business, Innovation and Skills

Date

SCHEDULESpecified “public authorities” and list of Government departments and other bodies whose views must be sought

Column (1)

Column (2)

Public authority

Government department or other body whose view must be sought

Accounts Commission for ScotlandAccounts Commission for Scotland
Audit Commission for Local Authorities and the National Health Service in EnglandAudit Commission for Local Authorities and the National Health Service in England
Audit ScotlandAudit Scotland
Auditor General for ScotlandAuditor General For Scotland
Auditor General for Wales (known in Welsh as “Archwilydd Cyffredinol Cymru”)Auditor General for Wales (known in Welsh as “Archwilydd Cyffredinol Cymru”)
Child Maintenance and Enforcement CommissionChild Maintenance and Enforcement Commission
Comptroller and Auditor GeneralComptroller and Auditor General
Comptroller and Auditor General for Northern IrelandComptroller and Auditor General for Northern Ireland
Financial Reporting CouncilFinancial Reporting Council
Financial Services AuthorityFinancial Services Authority
Health and Safety ExecutiveHealth and Safety Executive
House of CommonsThe Corporate Officer of the House of Commons
House of LordsThe Corporate Officer of the House of Lords
Law CommissionMinistry of Justice
National Assembly for Wales (known in Welsh as “Cynulliad Cenedlaethol Cymru”)National Assembly for Wales Commission (known in Welsh as “Comisiwn Cynulliad Cenedlaethol Cymru”)
National Assembly for Wales Commission (known in Welsh as “Comisiwn Cynulliad Cenedlaethol Cymru”)National Assembly for Wales Commission (known in Welsh as “Comisiwn Cynulliad Cenedlaethol Cymru”)
Northern Ireland AssemblyNorthern Ireland Assembly Commission
Northern Ireland Assembly CommissionNorthern Ireland Assembly Commission
Northern Ireland Audit OfficeNorthern Ireland Audit Office
Regional Agency for Public Health and Social Well-being.Regional Agency for Public Health and Social Well-being.
Regional Health and Social Care BoardRegional Health and Social Care Board
Scottish Law CommissionScottish Law Commission
The Governor and Company of the Bank of EnglandThe Governor and Company of the Bank of England
The Pensions Advisory ServiceDepartment for Work and Pensions
The Scottish ParliamentThe Scottish Parliamentary Corporate Body
The Scottish Parliamentary Corporate BodyThe Scottish Parliamentary Corporate Body

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under sections 54(1)(c) and 1193(1)(c) of the Companies Act 2006 (“the Act”) a person is required to obtain the approval of the Secretary of State to register a company by a name, or carry on business in the United Kingdom under a name, that would be likely to give the impression that the company or business is connected with a public authority specified by the Secretary of State. These Regulations, in column (1) of the Schedule, specify the public authorities for these purposes.

Column (2) of the Schedule sets out the relevant Government department or other body whose view an applicant must seek in connection with an application for approval of the Secretary of State for use of a name under section 54(1)(c) or 1193(1)(c) of the Act. The power to prescribe such Government departments or other bodies is set out in sections 56(1) and 1195(1) of the Act.

The Regulations make the same provision for limited liability partnerships.

An Impact Assessment in respect of these Regulations has been produced and copies are available from the Company Law and Governance Directorate, Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET or on www.bis.gov.uk.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources