Proceeding contribution from Lord Davies of Oldham (Labour) in the House of Lords on Wednesday, 27 April 2011. It occurred during Debates on delegated legislation on Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011.
Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 201
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.
Secondary information
- Type
- Proceeding contribution
- Reference
- 727 c12GC
- Session
- 2010-12
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Company law Companies Insolvency Legislation Northern Ireland Open ended investment companies Money Shares
- Legislation
- Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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