Skip to main content
Normal View

Special Committee on the Companies (No. 2) Bill, 1987 debate -
Tuesday, 13 Feb 1990

SECTION 108.

There is a proposal that section 108 be deleted. Amendment No. 147 is related. Is it agreed that we discuss section 108 and Amendment No. 147 together? Agreed.

The reason for the amendments is completely technical but straightforward. It is simply to remove section 108 from its present position in the Bill and to locate it after what is currently section 110. This is being done to preserve the same sequence in this Bill in relation to winding-ups as in the Principal Act. The sequence of provisions in the 1963 Act in relation to voluntary winding-up is that sections 257 to 264 deal with members' voluntary winding-up, sections 265 to 273 deal with creditors' voluntary winding up and sections 274 to 282 contain provisions common to both forms of voluntary winding-up. We should make sure that the provisions we enact in Part VI of this Bill follow the same kind of sequence.

Using this logic, section 108 is slightly out of place where it is and all that these amendments would do is to shift this section to where it ought to be in the Bill, in other words, between sections 110 and 111. We will also need to adjust the headings in the centre of the page accordingly, to reflect the right sequence. To repeat, I am not proposing any substantive change here, it is a matter of correct presentation in the Bill itself.

Is it agreed to delete section 108? Agreed.

Top
Share