Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 201

Lord Davies of Oldham Excerpts

Wednesday 27th April 2011 Grand Committee

[Lord Davies of Oldham]

My Lords, I am grateful that I waited for the contribution of the noble Lord, Lord Razzall, because as a veteran of the discussions on that very long Bill—while I was idly occupied, or underoccupied, elsewhere—he is to be congratulated on the work that he did on it. Of course, that Bill was such a massive measure that it led to anxieties about whether it was sufficiently comprehensive in ironing out aspects that affected previous legislation. That was a cause of concern, which he expressed at the time and which I recall my noble friend Lord Sainsbury of Turville being concerned to respond to. I agree with him that it hurts a little bit for the Official Opposition to congratulate the Government even in minor ways, but we are relieved to see that there are only minor emendations in the draft order. We also note that the Merits of Statutory Instruments Committee found no reason to express anxiety about it.

I am extremely grateful to the Minister for clearly and accurately expressing the salient aspects of this really rather complex issue while sparing us the considerable detail with which he could have belaboured the Committee if he had cared to do so. However, one aspect on which I had a little anxiety, although this is probably more concerned with language than with substance, is that the Explanatory Memorandum from the Treasury—I am sure that the noble Lord, Lord Razzall, was half-reflecting this—uses that wonderful word “impliedly”. As I have never used that word nor heard it used on any occasion, although I could not doubt that the Treasury had used the term accurately, I looked it up. Indeed, the Treasury has used the term accurately, as there is such an adverb, used somewhat infrequently in this context, which means,

“hinted at or suggested; not directly expressed”.

Well, I understand the point that is being made, as we are clarifying the issue and making explicit what is in the legislation. However, I would just say that the word has a slightly weasel quality, as if it is covering certain anxieties about the past. Therefore, I will say that I am grateful that it is now being made clear that what was impliedly in the legislation is now there explicitly and properly as a result of this instrument. For that reason, we welcome the order.

[Lord De Mauley]

My Lords, I am grateful to both noble Lords for their comments and to the Committee for considering this draft order. As I said earlier, the draft order is uncontroversial. Most of its articles make amendments to regulations by updating them so as to refer to the relevant provisions of the Companies Act 2006 rather than, for instance, to the superseded provisions of the 1985 Act.

My noble friend Lord Razzall referred to the lengthy process of the 2006 Act. I congratulate him and those other stalwart noble Lords who had the stamina to sustain them through that process. I thank him for his support today. I also thank the noble Lord, Lord Davies, for his helpful comments. I commend the order to the Committee.