{
  "url": "https://openlegislation.uk/companies-act-1989-commencement-no-8-and-transitional-and-saving-provisions-order-1990/note",
  "json_url": "https://openlegislation.uk/companies-act-1989-commencement-no-8-and-transitional-and-saving-provisions-order-1990/note.json",
  "legislation": "uksi/1990/2569",
  "legislation_title": "The Companies Act 1989 (Commencement No. 8 and Transitional and Saving Provisions) Order 1990",
  "legislation_url": "https://openlegislation.uk/companies-act-1989-commencement-no-8-and-transitional-and-saving-provisions-order-1990",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order brings into force certain of the provisions of the Companies Act 1989 (“the 1989 Act”).\nArticle 3 of this Order has the effect of commencing, on 7th January 1991, sections 7 (insofar as it inserts a section 233 into Part VII of the Companies Act 1985) and 12 of the 1989 Act, together with section 23 of, and Schedule 10 to, the 1989 Act (so far as already not in force). Sections 7 (so far as relevant) and 12 substitute a new offence of approving defective accounts for an existing offence, permit the voluntary revision of defective accounts and provide for a new statutory procedure for the Secretary of State or a person authorised by him to go to court to obtain an order compelling the revision of defective accounts. The provisions of section 23 and Schedule 10 commenced by this Order are minor and consequential amendments relating to the provisions on defective accounts. The commencement of these various provisions is made subject to the transitional and saving provisions set out in Article 6. In short, the effect of these transitional and saving provisions is that certain of the provisions commenced by this Order are to apply with respect to accounts for financial years commencing on or after 23rd December 1989, and that section 245 of the Companies Act 1985 as originally enacted (which makes the laying or delivering of defective accounts an offence) is continued in force for certain purposes. The provisions of Part I of the 1989 Act already in force at the date of this Order are subject to transitional and saving provisions set out in the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990; that Order is amended by Article 8 of this order to reflect the provisions of this Order.\nArticle 4 of the Order commences, on 4th February 1991, sections 108 to 112 of the 1989 Act, which deal with a company’s capacity and related matters. Article 7 sets out transitional and saving provisions with respect to these sections, the effect of which is to clarify that they are to have no retrospective effect.\nArticle 4 of the Order also commences:\n(a) (on 7th January 1991) sections 125 and (in part) 127 of the 1989 Act; these sections insert new sections into the Companies Act 1985 which deal with the form in which documents are to be delivered to the registrar of companies and connected matters;\n(b) (on 7th January 1991) section 135 of the 1989 Act (orders imposing restrictions on shares);\n(c) (on 7th January 1991) paragraph 10 of Schedule 19 to the 1989 Act (removal of restriction on transfer of shares); and\n(d) (on 4th February 1991) paragraph 11 of Schedule 19 (protection of company’s members against unfair prejudice).\nArticle 5 of this Order commences (on 7th January 1991) certain repeals effected by Schedule 24 to, and section 212 of, the 1989 Act. They relate to the other provisions commenced by this Order or, in the case of the repeal of Schedule 15 to the Companies Act 1985, to provisions commenced by the Companies Act 1989 (Commencement No. 7 and Transitional and Saving Provisions) Order 1990.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/2569/note",
    "retrieved_at": "2026-10-29T14:54:30.181172+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}