Part I MODIFICATIONS TO PROVISIONS OF THE 1985 ACT APPLIED TO LIMITED LIABILITY PARTNERSHIPSI1

England, Wales and Scotland

Provisions	Modifications
Investigation of companies and their affairs: Requisition of documents
F1. . .	. . .
431 (investigation of a company on its own application or that of its members)	For subsection (2) substitute the following: “(2) —The appointment may be made on the application of the limited liability partnership or on the application of not less than one-fifth in number of those who appear from notifications made to the registrar of companies to be currently members of the limited liability partnership.”
432 (other company investigations)^f1subsection (4)
For the words “but to whom shares in the company have been transferred or transmitted by operation of law” substitute “but to whom a member’s share in the limited liability partnership has been transferred or transmitted by operation of law.”
433 (inspectors' powers during investigation)^f2
434 (production of documents and evidence to inspectors)^f3
436 (obstruction of inspectors treated as contempt of court)^f4
437 (inspectors' reports)^f5
F2. . .
439 (expenses of investigating a company’s affairs)^f6
subsection (5)	Omit paragraph (b) together with the word “or” at the end of paragraph (a).
441 (inspectors' report to be evidence)^f7
F3section 446A (general powers to give directions)
section 446B (direction to terminate investigation) section
section 446C (resignation and revocation of appointment)
section 446D (appointment of replacement inspectors)
section 446E (obtaining information from former inspectors etc)
447 (Secretary of State’s power to require production of documents)^f8
F4447A (information provided: evidence)
448 (entry and search of premises)^f9
F5448A (protection in relation to certain disclosures: information provided to Secretary of State)
449 (provision for security of information obtained)^f10
450 (punishment for destroying, mutilating etc. company documents)^f11	F6Omit subsection (1A).
451 (punishment for furnishing false information)^f12
451A (disclosure of information by Secretary of State or inspector)^f13	F7In subsection (1), for the words “sections 434 to 446E” substitute “sections 434 to 441 and 446E”. Omit subsection (5).
452 (privileged information)^f14	F8In subsection (1), for the words “sections 431 to 446E” substitute “sections 431 to 441 and 446E”. In subsection (1A), for the words “sections 434, 443 or 446” substitute “section 434”.
F9453A (power to enter and remain on premises),	F10In subsection (7), for the words “section 431, 432 or 442” substitute “section 431 or 432.
453B (power to enter and remain on premises: procedural),
453C (failure to comply with certain requirements)
. . .	. . .
Floating charges and Receivers (Scotland)
464 (ranking of floating charges)	In subsection (1), for the words “section 462” substitute “the law of Scotland”.
466 (alteration of floating charges)	Omit subsections (1), (2), (3) and (6).
486 (interpretation for Part XVIII generally)	For the current definition of “company” substitute
	““company” means a limited liability partnership;”
	Omit the definition of “Register of Sasines”.
487 (extent of Part XVIII)
. . .	. . .
F11Schedule 15C (security of information obtained: specified persons),
Schedule 15D (security of information obtained: specified disclosures)
. . .	. . .

Annotations

Textual amendments

F1: Sch. 2 Pt. I entries omitted (1.10.2009) by virtue of The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), reg. 2(3), Sch. 3 para. 13(5)(a)
F2: Sch. 2 Pt. I entry omitted (1.10.2009) by virtue of The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), reg. 2(3), Sch. 3 para. 13(5)(b)
F3: Words in Sch. 2 Pt. I inserted (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), reg. 2(3), Sch. 3 para. 13(5)(c)
F4: Words in Sch. 2 Pt. I inserted (1.10.2007) by The Limited Liability Partnerships (Amendment) Regulations 2007 (S.I. 2007/2073), regs. 1(1), 2(2)
F5: Words in Sch. 2 Pt. I inserted (1.10.2007) by The Limited Liability Partnerships (Amendment) Regulations 2007 (S.I. 2007/2073), regs. 1(1), 2(3)
F6: Words in Sch. 2 substituted (4.3.2004) by The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004 (S.I. 2004/355), arts. 1(1), 9(2)
F7: Words in Sch. 2 Pt. I substituted (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), reg. 2(3), Sch. 3 para. 13(5)(d)
F8: Words in Sch. 2 Pt. I substituted (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), reg. 2(3), Sch. 3 para. 13(5)(e)
F9: Words in Sch. 2 Pt. I inserted (1.10.2007) by The Limited Liability Partnerships (Amendment) Regulations 2007 (S.I. 2007/2073), regs. 1(1), 2(4)
F10: Words in Sch. 2 Pt. I inserted (1.10.2007) by The Limited Liability Partnerships (Amendment) Regulations 2007 (S.I. 2007/2073), regs. 1(1), 3
F11: Words in Sch. 2 Pt. I inserted (1.10.2007) by The Limited Liability Partnerships (Amendment) Regulations 2007 (S.I. 2007/2073), regs. 1(1), 2(5)

Commencement

I1: Sch. 2 Pt. I in force at 6.4.2001, see reg. 1

Footnotes

f1: Section 432 was amended by section 55 of the Companies Act 1989.
f2: Section 433 was amended by sections 182 and 212(3) of, and paragraph 7 of Schedule 13 and Part I of Schedule 17 to, the Financial Services Act 1986 (c. 60).
f3: Section 434 was amended by section 56(1) to (5) of the Companies Act 1989 and by section 59 of and paragraphs 4 and 5 of Schedule 3 to the Youth Justice and Criminal Evidence Act 1999 (c. 23).
f4: Section 436 was amended by section 56(6) of the Companies Act 1989 (c. 40).
f5: Section 437 was amended by section 182 of, and paragraph 7 of Schedule 13 to, the Financial Services Act 1986, and by section 57 of the Companies Act 1989.
f6: Section 439 was amended by section 59 of the Companies Act 1989.
f7: Section 441 was amended by section 109(1) of, and paragraph 3 of Schedule 6 to, the Insolvency Act 1985, by section 439(1) of, and Part I of Schedule 13 to, the Insolvency Act 1986, and by section 61 of the Companies Act 1989.
f8: Section 447 was amended by sections 63 and 212 of, and Schedule 24 to, the Companies Act 1989 and by section 59 of, and paragraphs 4 and 6 of Schedule 3 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23).
f9: Section 448 was substituted by section 64(1) of the Companies Act 1989.
f10: Section 449 was amended by section 109(1) of, and paragraph 4 of Schedule 6 to, the Insolvency Act 1985; by section 439(1) of, and Part I of Schedule 13 to, the Insolvency Act 1986; by sections 182 and 212(3) of, and paragraph 9 of Schedule 13 and Part I of Schedule 17 to, the Financial Services Act 1986; by section 108(1) of, and paragraph 18(7) of Schedule 6 to, the Banking Act 1987 (c. 22); by sections 65 and 212 of, and Schedule 24 to, the Companies Act 1989; by section 120 of, and paragraph 7 of Schedule 21 and Schedule 22 to, the Friendly Societies Act 1992 (c. 40); by section 79(13) of, and paragraph 4(2) in Part I of Schedule 5 to, the Criminal Justice Act 1993 (c. 36); by section 122 of, and paragraph 12 of Schedule 3 to, the Pensions Act 1995 (c. 26); by article 10(1) of, and paragraph 1 of Schedule 4 to, S.I. 1992/1315, and by regulation 68(1) of, and paragraph 9(2) in Part I of Schedule 8 to, S.I. 1994/1696.
f11: Section 450 was amended by section 66 of the Companies Act 1989.
f12: Section 451 was amended by section 67 of the Companies Act 1989 (c. 40).
f13: Section 451A was inserted by section 182 of, and paragraph 10 of Schedule 13 to, the Financial Services Act 1986, and substituted by section 68 of the Companies Act 1989. It was amended by regulation 68(1) of, and paragraph 9(3) in Part I of Schedule 8 to, S.I. 1994/1696.
f14: Section 452 was amended by sections 69 and 212 of, and Schedule 24 to, the Companies Act 1989, and by regulation 68(1) of, and paragraph 9(4) in Part I of Schedule 8 to, S.I. 1994/1696.