Paragraph 5 C1

England, Wales and Scotland

(1)

Rights which are exercisable only in certain circumstances shall be taken into account only—

(a)

when the circumstances have arisen, and for so long as they continue to obtain, or

(b)

when the circumstances are within the control of the person having the rights.

(2)

Rights which are normally exercisable but are temporarily incapable of exercise shall continue to be taken into account.

Annotations

C1: Sch. 10A paras. 5–11 applied by Companies Act 1989 (c. 40, SIF 27), ss. 30(5), 213(2), Sch. 11 para. 5(6)

F1: Sch. 10A repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7, 12)

F1: Sch. 10A added by Companies Act 1989 (c. 40, SIF 27), ss. 21(2), 213(2), Sch. 9 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6–9)