OpenLegislation

Section 129B Designated institutions conducted by companies.F3

England and Wales

(1)

This section has effect in relation to any designated institution conducted by a company.

(2)

The articles of association of the company shall incorporate—

(a)

provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution); and

(b)

provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

(3)

The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—

(a)

the F1articles of association of the company; or

(b)

any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as they may specify in the direction.

(4)

No amendment of the F2articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Privy Council for their approval and they have notified their approval to the company.

(5)

Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.

Annotations

Textual amendments

F1

Words in s. 129B(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(3) (with art. 10)

F2

Words in s. 129B(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(3) (with art. 10)

F3

Ss. 129A, 129B inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 73(1); S.I. 1992/831, art. 2, Sch.1.

Notes on Part II

Modifications

C1

Pt. II (ss. 120-161) modified (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 84(2); S.I. 1992/831, art. 2, Sch.1.

Notes on Chapter II

Modifications

C1

Pt. II Ch. II (ss. 121-138) modified (temp. until 31. 3. 1993) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(1); S.I. 1992/831, art. 2, Schs.1 and 3.