Proceeding contribution from Lord Goldsmith (Labour) in the House of Lords on Tuesday, 28 March 2006. It occurred during Debate on bill and Committee proceeding on Company Law Reform Bill [HL].
Company Law Reform Bill [HL]
I really do not see a problem with the clause as it stands, in particular with the definition of ““rule-based requirement””, which the noble Lord’s amendment goes to. He would insert after those words the phrase,"““whether pursuant to a decision or ruling of the Panel or otherwise””," because, as I understand it, he wants to be clear that decisions or rulings of the panel can be rule-based requirements. But I cannot imagine what ““rule-based requirement”” would mean if it did not include a decision or ruling of the panel made pursuant to the rules. If that is right, the definition stands perfectly well as it is. The current definition is perfectly functional, so the court would enforce the rulings and decisions that have been made, as we both agree it ought to be able to. As always, putting something else in to cure a supposed ambiguity—although I do not think there is one—always raises the risk that you will create a problem in another direction. In the light of what I have said about the Government’s view, I invite the noble Lord to withdraw his amendment.
Secondary information
- Type
- Proceeding contribution
- Reference
- 680 c313GC
- Session
- 2005-06
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Disclosure of information Appeals Accountancy Company law Companies Directors Finance EU law Foreign companies Registration Shares Reform Shareholders Takeovers Takeover Panel
- Legislation
- Company Law Reform Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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