# The Companies Act 1989 (Commencement No. 7 and Transitional and Saving Provisions) Order 1990, Note: Explanatory note


(This note is not part of the Order)
This Order brings into force certain of the provisions of the Companies Act 1989 (the 1989 Act).
Article 2 of this Order brings into force, with effect from 1st October 1990, section 139 and paragraphs 2 to 7 and 14 of Schedule 19 to the 1989 Act (together with section 145 in so far as it relates to those paragraphs). Section 139 substitutes new provisions on a company’s annual return for the existing provisions contained in the Companies Act 1985 (the 1985 Act); it is brought into force subject to the transitional and saving provisions set out in articles 4 and 5 of this Order. Paragraphs 2 to 7 of Schedule 19 make a number of minor amendments to certain provisions of the 1985 Act requiring particulars of directors to be delivered to the registrar of companies or entered into registers kept by the company; paragraphs 2 and 6 are brought into force subject to the transitional and saving provisions made by article 6 of this Order. Paragraph 14 of Schedule 19 substitutes a new provision with respect to the registered numbers of companies for an existing provision of the 1985 Act.
Article 3 of the Order brings into force certain repeals effected by Schedule 24 to, and section 212 of, the 1989 Act.
Articles 4 and 5 of this Order enables a company not due to file an annual return for 1990 before the commencement of section 139 to file, notwithstanding the commencement of that section, an annual return under the existing provisions of the 1985 Act relating to annual returns rather than under the new provisions. (A company which was due to file an annual return for 1990 before the commencement of section 139 but which has not done so remains obliged to file a return under the existing provisions of the 1985 Act relating to annual returns by virtue of section 139(2) of the 1989 Act). Articles 4 and 5 make certain other transitional arrangements necessary for the operation of this arrangement, together with a saving provision maintaining an exemption from the requirement to file an annual return for 1990 applicable to certain companies under those existing provisions.
Article 6(1) of this Order concerns companies which, as a consequence of the coming into force of paragraph 2 of Schedule 19 to the 1989 Act, come under an obligation to amend their register of directors kept under section 288 of the 1985 Act (mainly private companies not being subsidiaries of a public company which must register the dates of birth of their directors). It gives them a period of grace within which to comply and also relieves them of the obligation in section 288(2) to notify the changes made to the registrar of companies. Article 6(2) requires certain oversea companies to make a return to the registrar of companies of the dates of birth of their directors by 1st January 1991.
Articles 7 and 8 make certain minor amendments to the new section 363 of the 1985 Act inserted by section 139 of the 1989 Act and to two earlier Commencement Orders.

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Source: https://www.legislation.gov.uk/uksi/1990/1707/note (the official version)
Page: https://openlegislation.uk/companies-act-1989-commencement-no-7-and-transitional-and-saving-provisions-order-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.