+44 1372 750800

COMPANIES ACT 1963 - SECT 3 Repeal and savings.

3.—(1) The enactments mentioned in the Twelfth Schedule are hereby repealed to the extent specified in the third column of that Schedule.

(2) Nothing in this Act shall affect any Order in Council, order, rule, regulation, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction given, proceeding taken, instrument issued or thing done under any former enactment relating to companies, but any such Order in Council, order, rule, regulation, appointment, conveyance, mortgage, deed, agreement, resolution, direction, proceeding, instrument or thing shall, if in force immediately before the operative date continue in force, and so far as it could have been made, passed, given, taken, issued or done under this Act shall have effect as if made, passed, given, taken, issued or done under this Act.

(3) Nothing in this Act shall affect the operation of sections 109 and 110 of the Companies (Consolidation) Act, 1908, as regards inspectors appointed before, or the continuance of an inspection begun by inspectors appointed before, the operative date, and section 172 shall apply to a report of inspectors appointed under the said sections as it applies to a report of inspectors appointed under sections 165 and 166.

(4) Nothing in this Act shall affect—

( a ) the provisions of section 5 of the Trade Union Act, 1871 (which avoids the registration of a trade union under the enactments relating to companies);

( b ) the enactment set out in the Thirteenth Schedule, being an enactment continued in force by section 205 of the Companies Act, 1862,

or be construed as repealing any provision of the Insurance Acts, 1909 to 1961.

(5) Subject to the Provisions of subsection (4), any document referring to any former enactment relating to companies shall be construed as referring to the corresponding enactment of this Act.

(6) Any person, appointed to any office under or by virtue of any former enactment relating to companies, who is in office immediately before the operative date shall be deemed to have been appointed to that office under or by virtue of this Act.

(7) Any register kept under any former enactment relating to companies shall be deemed part of the register to be kept under the corresponding provisions of this Act.

(8) All funds and accounts constituted under this Act shall be deemed to be in continuation of the corresponding funds and accounts constituted under the former enactments relating to companies.

(9) The repeal by this Act of any enactment shall not affect—

( a ) the incorporation of any company registered under any enactment hereby repealed;

( b ) Table B in the Schedule annexed to the Joint Stock Companies Act, 1856, or any part thereof, so far as the same applies to any company existing on the operative date;

( c ) Table A in the First Schedule annexed to the Companies Act, 1862, or any part thereof, either as originally contained in that Schedule or as altered in pursuance of section 71 of that Act, so far as the same applies to any company existing on the operative date;

( d ) Table A of the First Schedule to the Companies (Consolidation) Act, 1908, or any Part thereof, so far as the same applies to any company existing on the operative date.

(10) Where any offence, being an offence for the continuance of which a penalty was provided, has been committed under any former enactment relating to companies, proceedings may be taken under this Act in respect of the continuance of the offence after the operative date, in the same manner if the offence had been committed under the corresponding provisions of this Act.

(11) In this section "former enactment relating to companies" means any enactment repealed by this Act and any enactment repealed by the Companies (Consolidation) Act, 1908.