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Consulation Paper No. 1 of 2015
LNDOCS01/861680.12
Annex A
APPLICATION OF ENGLISH LAW REGULATIONS [•]
LNDOCS01/861680.12
CONTENTS
Section Page
APPLICATION OF ENGLISH LAW REGULATIONS [•] .................................................................. 1 Regulations to apply English common law (including equity) and certain statutes in the Global
Market. ....................................................................................................................................... 1 Date of Enactment: [•] ............................................................................................................................ 1 1. Application of common law and equity ..................................................................................... 1 2. Application of certain statutes and jurisprudence ...................................................................... 1 3. Concurrent administration of law and equity ............................................................................. 4 4. Power to remove difficulties ...................................................................................................... 4 5. Interpretation .............................................................................................................................. 4 6. Short title, extent and commencement ....................................................................................... 5
LNDOCS01/861680.12
1
APPLICATION OF ENGLISH LAW REGULATIONS [•]
Regulations to apply English common law (including equity) and certain statutes in the
Global Market.
Date of Enactment: [•]
1. Application of common law and equity
(1) The common law of England (including the principles and rules of equity), as it stands from
time to time, shall apply and have legal force in, and form part of the law of, the Global
Market.
(2) The common law of England shall apply and have legal force in, and form part of the law of,
the Global Market:
(a) so far as it is applicable to the circumstances of the Global Market;
(b) subject to such modifications as those circumstances require;
(c) subject to any amendment thereof (whenever made) pursuant to any Abu Dhabi Law
or Global Market Regulation; and
(d) notwithstanding any amendment thereof as part of the law of England made pursuant
to an Act or any instrument adopted thereunder at any time after the date of
enactment of these Regulations, which amendment shall have no application and
legal force in the Global Market, unless and until it is so applied and given legal force
by a Global Market Regulation.
(3) Subsection (1) is subject to any contrary provision in any Abu Dhabi Law or Global Market
Regulation. In the event of any conflict or inconsistency between (a) a provision, rule or
principle of the common law of England (including the principles and rules of equity) and (b)
any provision, rule or principle of any Abu Dhabi Law or Global Market Regulation or of any
other legal instrument adopted pursuant thereto, the latter shall prevail.
(4) Where a particular rule or principle of the common law of England (including the principles
and rules of equity) has been abolished by a provision of an Act or any other instrument made
thereunder, and such provision does not apply and have legal force in, and form part of the
law of, the Global Market, the rule or principle shall, notwithstanding such abolition but
subject to subsection (2), apply and have legal force in, and form part of the law of, the
Global Market.
(5) Where a particular rule or principle of the common law of England (including the principles
and rules of equity) has been modified by a provision of an Act or any other instrument made
thereunder, and such provision does not apply and have legal force in, and form part of the
law of, the Global Market, the rule or principle shall, notwithstanding such modification but
subject to subsection (2), apply and have legal force in, and form part of the law of, the
Global Market without giving effect to any such modification.
2. Application of certain statutes and jurisprudence
(1) The Acts specified in the first column of the Schedule, as and to the extent in force in England
at the date of enactment of these Regulations, shall apply and have legal force in, and form
LNDOCS01/861680.12 2
part of the law of, the Global Market to the extent specified in the second column thereof and
subject to any omissions, insertions and modifications set out in that column.
(2) The jurisprudence of the courts of the United Kingdom in relation to (i) the common law of
England (including the principles and rules of equity) and (ii) a provision of any Act, made
applicable in the Global Market pursuant to subsection (1), shall form part of the law of the
Global Market as follows:
(a) the jurisprudence of all the courts of the United Kingdom (including the Judicial
Committee of the Privy Council) shall be taken into account, but need not be
followed, by the Court;
(b) the jurisprudence of the Supreme Court of the United Kingdom (including any
jurisprudence of the Appellate Committee of the House of Lords prior to the
constitution of the Supreme Court) shall be binding on, and shall be followed by, the
Court.
(3) The Acts referred to in subsection (1) and the jurisprudence referred to in subsection (2) shall
apply and have legal force in, and form part of the law of, the Global Market:
(a) so far as they are applicable to the circumstances of the Global Market;
(b) subject to such modifications as those circumstances require;
(c) subject to any amendment thereof (whenever made) pursuant to any Abu Dhabi Law
or Global Market Regulation; and
(d) notwithstanding any amendment thereof as part of the law of England made pursuant
to an Act or any instrument adopted thereunder at any time after the date of
enactment of these Regulations, which amendment shall have no application and
legal force in the Global Market, unless and until it is so applied and given legal force
by a Global Market Regulation.
(4) Subsections (1) and (2) are subject to any contrary provision in any Abu Dhabi Law or Global
Market Regulation. In the event of any conflict or inconsistency between (a) a provision of
any Act applicable in the Global Market by virtue of subsection (1) or any jurisprudence
applicable in the Global Market by virtue of subsection (2) and (b) any provision, rule or
principle of any Abu Dhabi Law or Global Market Regulation or of any other legal instrument
adopted pursuant thereto, the latter shall prevail.
(5) In relation to any Act specified in the Schedule and for the purposes of the interpretation of
any Global Market Regulation, unless the context otherwise requires or unless specified
otherwise in these Regulations or by any other Global Market Regulation or by Abu Dhabi
Law —
(a) any reference to the United Kingdom, England and Wales, England or Great Britain
shall be read as a reference to the Global Market, and "English", "British" and related
expressions shall be construed accordingly;
(b) any reference in such Act to a provision of any other Act shall be read as a reference
to such provision as applied in, having legal force in, and forming part of the law of,
the Global Market;
LNDOCS01/861680.12 3
(c) any reference in a Global Market Regulation to such Act shall be read as a reference
to such Act as applied in, having legal force in, and forming part of the law of, the
Global Market;
(d) the words "statute" or "enactment" shall be read as referring to any of (i) a Federal
Law applicable in the Global Market, (ii) an Abu Dhabi Law applicable in the Global
Market, (iii) a Global Market Regulation, or (iv) any other Act applied and having
legal force in the Global Market pursuant to these Regulations, and "statutory" and
like expressions shall be construed accordingly;
(e) where any provision of such Act stands repealed in relation to England as of the date
of enactment of these Regulations, it shall not apply and have legal force in, and form
part of the law of, the Global Market, notwithstanding that (i) the repeal is, in
England, subject to any savings or transitional provisions, (ii) the repealed provision
is not specifically omitted in the Schedule, and (iii) the provision of the repealing Act
that effects the repeal is omitted by the Schedule or does not, pursuant to the
Schedule, apply and have legal force in, and form part of the law of, the Global
Market;
(f) where any provision of such Act has been modified or inserted into such Act by a
provision of another Act and the first provision is, pursuant to these Regulations,
applied and has legal force in, and forms part of the law of, the Global Market, it shall
do so (or do so with such modification, if applicable) even if the second provision
does not, pursuant to that Schedule, apply and have legal force in, and form part of
the law of, the Global Market and even if the second provision is omitted pursuant to
the Schedule;
(g) any reference or provision relating to Scotland or Northern Ireland or to any Act
relating to Scotland or Northern Ireland shall be disregarded;
(h) any requirement to consider or apply public policy shall be construed as referring to
the public policy of the Global Market;
(i) any references to "real estate", "land", or "real property" shall be read as references to
"real property", as defined in the Real Property Registration Regulations [];
(j) any reference to "mortgage" or "charge" in relation to land shall be read as a reference
to "mortgage", as defined in the Real Property Registration Regulations [];
(k) any reference to a "personal representative" shall be read as a reference to the legal
heir or representative of a deceased person;
(l) any reference to the "Board" inserted in such Act by these Regulations shall be read
as a reference to the Board;
(m) any reference in such Act to any provision of such Act that is omitted pursuant to the
Schedule shall also be omitted;
(n) any reference to "person" shall be read as including a body of persons corporate or
unincorporated; and
(o) any reference to "month" means a calendar month.
(6) Except as provided in these Regulations, no Act shall be part of the law of the Global Market.
LNDOCS01/861680.12 4
(7) In applying the common law of England (including the principles and rules of equity) in the
Global Market, the provisions of subsection (5) shall be followed, unless the context
otherwise requires or unless specified otherwise in these Regulations or by any other Global
Market Regulation or by Abu Dhabi Law.
(8) The Board may in any manner it thinks fit publish copies of the Acts which apply and have
legal force in, and form part of the law of, the Global Market reflecting such revisions as are
made by these Regulations.
(9) The copies of Acts published in accordance with subsection (7) shall, in the Court and for all
purposes related to determining the law of the Global Market, be treated as authentic texts of
those Acts as applicable, having legal force in and forming part of the law of, the Global
Market.
3. Concurrent administration of law and equity
(1) The Court and all tribunals in the Global Market shall administer English common law and
equity on the basis that, wherever there is any conflict or variance between the rules of equity
and the rules of the common law with reference to the same matter, the rules of equity shall
prevail.
(2) The Court and all tribunals in the Global Market shall, when applying the law of the Global
Market, give the same effect -
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all
equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties,
obligations and liabilities existing by the common law or by any custom or created by
any other law in force in the Global Market,
and, subject to the provisions of these Regulations and any other law, shall so exercise their
jurisdiction in every cause or matter before them as to secure that, as far as possible, all
matters in dispute between the parties are completely and finally determined, and all
multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in these Regulations shall affect the power of the Court to stay any proceedings
before it, where it thinks fit to do so, either of its own motion or on the application of any
person, whether or not a party to the proceedings.
4. Power to remove difficulties
(1) The Board may, where it considers it necessary or expedient for the purpose of removing any
difficulty arising from local conditions or circumstances in the application of any provision in
any Act specified in the Schedule, by resolution modify or substitute that provision.
5. Interpretation
In these Regulations, unless the context indicates otherwise, the defined terms listed below
shall have the corresponding meanings:
"ADGM Basic Law" means Abu Dhabi Law No. 4 of 2013 concerning the Abu Dhabi Global
Market issued by the Ruler;
LNDOCS01/861680.12 5
"Act" means an Act of the Parliament of the United Kingdom of Great Britain and Ireland, an
Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, an Act of
the Parliament of Great Britain or an Act of the Parliament of England, as the context
requires;
"Board" means the Board of Directors of the Global Market, being the governing body of the
Global Market, established under Article 4 of the ADGM Basic Law;
"Court" means any of the Global Market courts established under the ADGM Basic Law;
"Global Market" means the Abu Dhabi Global Market, the Financial Free Zone established
pursuant to Federal Decree No. (15) of 2013 concerning the Establishment of a Financial Free
Zone in the Emirate of Abu Dhabi;
"Ruler" means the ruler of the Emirate of Abu Dhabi;
"Schedule" means a schedule to these Regulations; and
"writing" means any mode of communication that preserves a record of the information
contained therein and is capable of being reproduced in tangible form, including electronic
means.
6. Short title, extent and commencement
(1) These Regulations may be cited as the "Application of English Law Regulations [•]".
(2) These Regulations shall apply in the Global Market.
(3) These Regulations come into force on the date specified by the Board in the resolution
approving the adoption of these Regulations. Such resolution may make any transitional,
transitory, consequential, saving, incidental or supplementary provision as the Board thinks
fit.
LNDOCS01/861680.12 6
SCHEDULE
APPLICABLE STATUTES
Act Extent of application and modifications
Statute of Frauds 1677 (Chapter 3) The whole Act.
Life Assurance Act 1774 (Chapter 48) The whole Act.
Statute of Frauds Amendment Act 1828
(Chapter 14)
The whole Act, other than section 9, which
shall be omitted.
Mercantile Law Amendment Act 1856
(Chapter 97)
The whole Act, other than section 17, which
shall be omitted, and subject to the following
modification: in section 8, the words "United
Kingdom of Great Britain and Ireland, the
Islands of Man, Guernsey, Jersey, Alderney,
and Sark, and the islands adjacent to any of
them, being part of the dominions of Her
Majesty" shall be substituted by the words
"United Arab Emirates".
Policies of Assurance Act 1867 (Chapter
144)
The whole Act, other than section 8, which
shall be omitted, and subject to the following
modifications:
(1) In section 3, the words "either in
England or Scotland or Ireland" shall
be omitted.
(2) In section 4, the words "after the
thirtieth day of September one
thousand eight hundred and sixty
seven" shall be omitted.
(3) In section 6, the words "fee not
exceeding 25p" shall be substituted
by the words "reasonable fee".
Apportionment Act 1870 (Chapter 35) The whole Act.
Bankers' Books Evidence Act 1879 (Chapter
11)
The whole Act, subject to the following
modifications:
(1) In section 4, the words
"commissioner or" shall be omitted.
(2) In section 6, the words "or under the
Civil Evidence (Scotland) Act 1988,
or Schedule 3 to the Prisoners and
Criminal Proceedings (Scotland) Act
LNDOCS01/861680.12 7
1993 or Schedule 8 to the Criminal
Procedure (Scotland) Act 1995" shall
be omitted.
(3) Subsections (1), (1A), (1B) and (1C)
of section 9 shall be omitted.
(4) In section 10: (i) in the definition of
"legal proceeding" the words "or
criminal" shall be omitted; (ii)
paragraphs (b) and (c) of the
definition "legal proceeding" shall be
omitted; (iii) the definition of "judge"
shall be omitted; and (iv) the final
sentence of the section shall be
omitted.
(5) In section 11, the words "Sunday,
Christmas Day, Good Friday" shall
be substituted by the words "Friday,
Saturday".
Bills of Exchange Act 1882 (Chapter 61) The whole Act, other than sections 94, 98, 99
and 100 and Schedule 1, which shall be
omitted, and subject to the following
modifications:
(1) Any references to the "British
Islands" in the Act shall be read as
references to the Global Market.
(2) In section 2, the definition of "Postal
operator" shall be substituted by the
following definition: ""Postal
operator" means a person who
provides (a) the service of conveying
postal packets from one place to
another by post, or (b) any of the
incidental services of receiving,
collecting, sorting and delivering
postal packets."
(3) In subsection (1) of section 4, the
definition of "British Islands" shall be
omitted.
(4) In subsection (2) of section 13, the
words "Sunday" shall be substituted
by the words "Friday or Saturday".
(5) Subsection (7A) of section 51 shall
be omitted.
(6) In subsection (1) of section 53, the
LNDOCS01/861680.12 8
words "This subsection shall not
extend to Scotland" shall be omitted.
(7) Subsection (2) of section 53 shall be
omitted.
(8) In section 74A, the words "the
London, Edinburgh and Belfast
Gazettes" shall be substituted by the
words "at least two leading English
language newspapers of the United
Arab Emirates".
(9) In section 92, the definition of "Non-
business days" shall be substituted by
the following: ""Non-business days"
for the purposes of this Act mean any
Friday, Saturday or any other day
declared a public holiday in the
United Arab Emirates".
(10) Subsection (3) of section 97 shall be
omitted.
Factors Act 1889 (Chapter 45) The whole Act, other than section 16, which
shall be omitted, and subject to the following
modification: in section 9, the words in the
second paragraph commencing with "for the
purposes of this section" and ending with "in
the agreement are fulfilled" shall be omitted.
Partnership Act 1890 (Chapter 39) The whole Act, other than sections 22 and 47,
which shall be omitted, and subject to the
following modifications:
(1) In subsection (2) of section 1, the
words "Companies Act 2006" shall
be substituted by the words "
Companies Regulations []" and the
words "Act of Parliament or letters
patent, or Royal Charter" shall be
substituted by the word "law".
(2) In paragraph (c) of subsection (3) of
section 2, the words "surviving civil
partner" shall be omitted.
(3) In section 3, the words "100p in the
pound" shall be substituted by the
words "the full amount due".
(4) Subsection (2) of section 4 shall be
omitted.
LNDOCS01/861680.12 9
(5) In section 9, the words "and in
Scotland severally also" and the
words "in England or Ireland" shall
be omitted.
(6) In subsection (2) of section 20, the
words "or in Scotland the title to and
interest in any heritable estate" shall
be omitted.
(7) In subsection (3) of section 20, the
words "or in Scotland of any
heritable estate" shall be omitted.
(8) In subsection (2) of section 23, the
words "High Court or a judge
thereof, or the county court in
England and Wales or a county court
in Northern Ireland" shall be
substituted by the word "Court".
(9) Subsection (5) of section 23 shall be
omitted.
(10) In subsection (1) of section 31,
between the words "An assignment"
and "by any partner" the words "of
any nature" shall be inserted and
between the words "by any partner
of" and the words "his share in the
partnership" the words "all or any
part of" shall be inserted.
(11) In paragraph (a) of section 35, the
words "When a partner is found
lunatic by inquisition, or in Scotland
by cognition, or is shown to the
satisfaction of the Court to be of
permanently unsound mind, in either
of which cases" shall be substituted
by the words "When a partner is
shown to the satisfaction of the Court
to be of permanently unsound mind,
in which case".
(12) Subsection (2) of section 36 shall be
substituted by the following
subsection, namely: "(2) An
advertisement shall be sufficient
notice, to persons who had dealings
with the firm before the date of the
dissolution or change so advertised,
of the change in constitution of the
LNDOCS01/861680.12 10
firm."
(13) The following subsection shall be
inserted after subsection (2) of
section 36, namely: "(2A) The
advertisement referred to in
subsection (2) must be:- (a) legible
and clearly state the necessary details
of a change of partner or dissolution
of the firm; and (b) placed in one or
more newspapers or other
publications best suited to bring the
change or dissolution to the attention
of any persons who may be affected
by such change or dissolution."
(14) In section 38, the words "and in
relation to any prosecution of the
partnership by virtue of section 1 of
the Partnerships (Prosecution)
(Scotland) Act 2013" shall be
omitted.
Bodies Corporate (Joint Tenancy) Act 1899
(Chapter 20)
The whole Act.
Marine Insurance Act 1906 (Chapter 41) The whole Act, subject to the following
modifications:
(1) Subsection (6) of section 18 shall be
omitted.
(2) Subsection (2) of section 19 shall be
omitted.
(3) Subsection (8) of section 20 shall be
omitted.
(4) Subsection (1) of section 91 shall be
omitted.
(5) In Schedule 1, in the form of policy
set out in it, the words "And it is
agreed by us, the insurers, that this
writing or policy of assurance shall
be of as much force and effect as the
surest writing or policy of assurance
heretofore made in Lombard Street,
or in the Royal Exchange, or
elsewhere in London" appearing in
the eighth paragraph shall be omitted
and the word "London" appearing in
the ninth paragraph shall be
substituted by "………".
LNDOCS01/861680.12 11
Limited Partnerships Act 1907 (Chapter 24) The whole Act, other than section 10, which
shall be omitted, and subject to the following
modifications:
(1) In subsection (2) of section 4, the
words "shall at the time of entering
into such partnership contribute
thereto a sum or sums as capital or
property valued at a stated amount"
shall be substituted by the words
"may make one or more capital
contributions (whether in cash or in
kind) to the firm at any time", and the
words "so contributed" shall be
substituted by the words "of that
limited partner's capital contributions
(if any) (and without recourse to the
personal assets of that limited partner
other than such capital
contributions)".
(2) The words of subsection (3) of
section 4 shall be substituted by the
following words: "Subject to any
agreement to the contrary among the
partners, where a limited partner has
made one or more capital
contributions to the firm, that limited
partner is entitled to withdraw all or
any portion of its capital in the firm
at any time. Subject to any agreement
to the contrary among the partners
and subject to applicable insolvency
laws in the Global Market, a limited
partner that withdraws all or a portion
of its capital contribution shall have
no liability to return the amount so
withdrawn to satisfy the debts and
obligations of the firm".
(3) The words of subsection (3) of
section 6 shall be substituted by the
following words: "In the event of a
dissolution of a limited partnership,
and subject to any order made by the
Court providing for a different
arrangement or procedure: (a) subject
to any agreement among the partners
to the contrary, the general partners
shall wind up the affairs of the
limited partnership or shall appoint a
suitably qualified person (which may
LNDOCS01/861680.12 12
be a third party) to do so; (b) if there
are no general partners then, subject
to any agreement among the partners
to the contrary, the limited partners
shall wind up the affairs of the
limited partnership or shall appoint a
suitably qualified person (which may
be a third party) to do so."
(4) After subsection (5) of section 6, the
following subsection shall be
inserted, namely: "(6) A limited
partner shall not be treated as taking
part in the management of the
partnership business merely by doing
one or more of the following: (a)
taking part in a decision about the
variation of the partnership
agreement; (b) taking part in a
decision about whether to approve or
veto (i) a type of investment, (ii) a
particular investment by the limited
partnership or (iii) the participation
by the relevant limited partner in a
particular investment by the limited
partnership; (c) taking part in a
decision about whether the general
nature of the partnership business
should change; (d) taking part in a
decision about whether to dispose of
the partnership business or to acquire
another business; (e) taking part in a
decision about whether a person
should become or cease to be a
partner; (f) taking part in a decision
about whether the term of the limited
partnership should end, and/or
whether the limited partnership
should be wound up; (g) taking part
in a decision about how the limited
partnership should be wound up; (h)
enforcing his rights under the
partnership agreement (unless those
rights are to carry out management
functions); (i) approving the accounts
of a limited partnership; (j) approving
the valuation of the limited
partnership’s assets; (k) being
engaged under a contract by the
limited partnership or by a general
partner in the limited partnership
(unless the contract is to carry out
managerial functions); (l) acting in
LNDOCS01/861680.12 13
his capacity as a director, member or
employee of, or a shareholder in, a
general partner or any person
appointed to manage or advise the
limited partnership in relation to the
affairs of the limited partnership; (m)
taking part in a decision which
involves actual or potential conflicts
of interests that affect or relate to the
limited partnership or its business or
any partner in the limited partnership;
(n) discussing the prospects of the
partnership business; (o) consulting
or advising a general partner, or the
general partners, or any person
appointed to manage the limited
partnership in relation to the affairs
of the limited partnership or advising
in relation to the activities of the
limited partnership or about it
accounts (including doing so as a
member of an advisory committee of
the limited partnership); (p) taking
part in any decision regarding any
changes in the persons responsible
for the day-to-day management of the
limited partnership; (q) taking part in
any decision authorising any action
by or on behalf of the limited
partnership that is not otherwise
prohibited by the terms of the
partnership agreement; (r) inspecting
the books of the limited partnership
and examining into the state and
prospects of the partnership business,
and advising partners thereon. The
fact that a limited partner undertakes,
or engages in, any activity not
expressly referred to above shall not
necessarily constitute that limited
partner as taking part in the
management of the partnership
business."
(5) The following words shall be inserted
after the words of section 7:
"Notwithstanding the preceding
sentence, and subject to any
agreement among the partners to the
contrary, limited partners shall not be
subject to the duties contained in
sections 28 and 30 of the Partnership
Act 1890, or subject to equitable and
LNDOCS01/861680.12 14
common law duties (if any) of similar
effect."
(6) In paragraph (d) of subsection (1) of
section 8A, the words "for the part of
the United Kingdom in which the
principal place of business of the
limited partnership is to be situated"
shall be omitted.
(7) Paragraphs (a), (c), (d) and (f) of
subsection (2) of section 8A shall be
omitted.
(8) Paragraph (b) of subsection (2) of
section 8A shall be re-numbered as
paragraph (a), paragraph (e) of that
subsection shall be re-numbered as
paragraph (b) and after that
paragraph, there shall be inserted the
following paragraph, namely: "(c) an
election as to whether the limited
partnership is to have legal
personality (such an election being
irrevocable and not subject to
change)".
(9) Subsection (3) of section 8B shall be
omitted.
(10) After subsection (4) of section 8C,
the following subsection shall be
inserted, namely: "(5) Where the
application for registration of a
limited partnership includes, in
accordance with Section 8A, an
election that the limited partnership
have legal personality, then the
certificate of registration shall specify
that the limited partnership has legal
personality and the certificate shall be
conclusive evidence of such legal
personality".
(11) Paragraphs (b), (e), (f) and (g) of
subsection (1) of section 9 shall be
omitted.
(12) The words of paragraph (d) of
subsection (1) of section 9 shall be
substituted by the words "the general
partners or the name of any general
partner".
LNDOCS01/861680.12 15
(13) The words of subsection (2) of
section 9 shall be substituted by the
following words: "if default is made
in compliance with the requirements
of this section, the registrar may by
written notice impose a fine not
exceeding [] United States Dollars
on each of the general partners. The
procedure for imposition of fines set
out in section [] of the Companies
Regulations [] shall apply to the
imposition of fines under this
section".
(14) In section 13, the words "send by
post to" shall be substituted by the
word "provide".
(15) The existing provision of section 14
shall be numbered as subsection (1)
and after that subsection the
following subsections shall be
inserted, namely: "(2) The Registrar
shall be empowered to: (a) remove a
limited partnership from the register
and index, on receipt by the Registrar
of an application from the general
partners of the limited partnership (or
from the former general partners of
the limited partnership in the case of
a dissolved limited partnership)
confirming that the limited
partnership is to be removed from the
register and index (and where
applicable that the limited partnership
has been dissolved) by, and in
accordance with, the agreement of
the partners; (b) remove a limited
partnership from the register and
index on its own initiative upon or
following the dissolution of the
limited partnership; (c) make a
correction to the register and index in
respect of a limited partnership, on
receipt by the Registrar of an
application from the general partners
of that limited partnership or as may
be directed by the Court. (3) In
relation to each registered limited
partnership, the register and index
shall specify whether or not that
limited partnership has legal
LNDOCS01/861680.12 16
personality."
(16) In subsection (1) of section 15, the
words "registrar of companies" shall
be substituted by the words "Global
Market's Registrations Bureau
established pursuant to the ADGM
Basic Law".
(17) The words of subsection (2) of
section 15 shall be substituted by the
words "In this Act, references to the
registrar are to be read as references
to the Global Market's Registrations
Bureau established pursuant to the
ADGM Basic Law".
(18) In subsection (1) of section 16, the
words "and there shall be paid for
such certificate of registration,
certified copy or extract such fees as
the Board of Trade may appoint, not
exceeding 10p for the certificate of
registration, and not exceeding 21/2p
for each folio of seventy-two words,
or in Scotland for each sheet of two
hundred words" shall be substituted
by the words "in each case for such
fee as the registrar may from time to
time determine."
(19) In subsection (2) of section 16, the
words "civil or criminal" shall be
omitted.
(20) In section 17, the words "Board of
Trade" shall be substituted by the
word "Board".
Law of Property Act 1925 (Chapter 20) Sections 53, 55, 136, 155, 156, 157, 158, 159,
161, 184, and 209 only, subject to the
following modifications:
(1) In section 55, paragraphs (b) and (c)
shall be omitted.
(2) Subsection (3) of section 136 shall be
omitted.
(3) Subsection (4) of section 157 shall be
omitted.
(4) Subsection (3) of section 158 shall be
omitted.
LNDOCS01/861680.12 17
(5) Subsection (4) of section 159 shall be
omitted.
(6) Subsection (2) of section 161 shall be
omitted.
(7) In section 184, the words "after the
commencement of this Act" shall be
omitted.
(8) Subsection (3) of section 209 shall be
omitted.
Trustee Act 1925 (Chapter 19) Parts II, III, IV and V, other than sections 34,
54, 55, 56, 63A, 64, 67, and 70, which shall
be omitted, and subject to the following
modifications:
(1) Subsection (3) of section 12 shall be
omitted.
(2) Subsection (4) of section 13 shall be
omitted.
(3) Paragraph (b) of subsection (2) of
section 14 shall be omitted.
(4) In section 15, the words "a personal
representative or" and the words
"testator's or intestate's estate or to
the" shall be omitted.
(5) In subsection (2) of section 16, the
words "or to trustees of a settlement
for the purposes of the Settled Land
Act 1925, not being also the statutory
owners" shall be omitted.
(6) Subsection (4) of section 18 shall be
omitted.
(7) In subsection (1) of section 20, the
words "or to a settlement within the
meaning of the Settled Land Act
1925" and the words "or by a tenant
for life impeachable for waste" and
the words "or settlement, as the case
may be" shall be omitted.
(8) In subsection (2) of section 20, the
words "or settlement" shall be
omitted.
LNDOCS01/861680.12 18
(9) Paragraph (a) and (b) of subsection
(3) of section 20 and subsection (6)
of that section shall be omitted.
(10) In subsection (4) of section 20, the
words "and, in the case of money
which is deemed to be capital money
arising under the Settled Land Act
1925, be subject to the provisions of
that Act with respect to the
application of capital money by the
trustees of the settlement" shall be
omitted.
(11) In paragraph (a) of subsection (2) of
section 22, the words "place any
distringas notice or" shall be omitted,
the words "stop or other like order"
shall be substituted by the word
"measure" and at the end of the
paragraph the words "in order to
prevent dealings with such securities
or other property" shall be inserted.
(12) In section 24, the words "or forms
part of the estate of a testator or
intestate" and the words "or personal
representatives" shall be omitted.
(13) Subsection (10) of section 25 shall be
omitted.
(14) In subsection (1) of section 26: (i) the
words "personal representative or"
shall be omitted, (ii) paragraph (b) of
that subsection shall be omitted, (iii)
in paragraph (c) of that subsection the
words "either of" shall be omitted,
and (iv) in the remainder of that
subsection the words "or grant", the
words "or grantee", the words "or
granted", the words "personal
representative or", the words
"legatee, devisee", the words "the
residuary real and personal estate of
the deceased testator or intestate, or,
as the case may be", and the words
"of the estate of the deceased" shall
be omitted.
(15) Subsection (1A) of section 26 shall
be omitted.
LNDOCS01/861680.12 19
(16) In subsection (2) of section 26, the
words "or grantor", the words "assets
of the deceased or the" and the words
"will or other" shall be omitted.
(17) In subsection (3) of section 26: (i) the
words ""grant" applies to a grant
whether the rent is created by
limitation, grant, reservation, or
otherwise, and includes an agreement
for a grant and any instrument giving
any such indemnity as aforesaid or
varying the liabilities under the
grant", the words "and "grantee"" and
the word "respectively" shall be
omitted, and (ii) the word "include"
shall be substituted by the word
"includes" and the word "them" shall
be substituted by the word "him".
(18) In subsection (1) of section 27: (i) the
words "the trustees of a settlement",
the words "or personal
representatives" and the words
"including notices elsewhere than in
England and Wales, as would, in any
special case, have been directed by a
court of competent jurisdiction in an
action for administration" shall be
omitted, and (ii) the words "the
Gazette" shall be substituted by the
words "such manner as may be
prescribed by the Board by
resolution".
(19) In subsection (2) of section 27, the
words "or personal representatives"
shall be omitted.
(20) In subsection (3) of section 27, the
words "will or other" shall be
omitted.
(21) In section 28, the words "or personal
representative" and the words "or
estate" shall be omitted.
(22) In subsection (2) of section 31, the
words "or forms a civil partnership
under that age", the words "or his
formation of a civil partnership", the
words "or formation of a civil
partnership", the words "or for an
LNDOCS01/861680.12 20
entailed interest", the words "but
without prejudice to any provision
with respect thereto contained in any
settlement by him made under any
statutory powers during his infancy",
and the words "and so that, if such
property is settled land, such
accumulations shall be held upon the
same trusts as if the same were
capital money arising therefrom"
shall be omitted.
(23) In subsection (3) of section 31, the
words "pounds per centum" shall be
substituted by the words "per cent".
(24) Subsection (5) of section 31 shall be
omitted.
(25) Subsections (2) and (3) of section 32
shall be omitted.
(26) In subsection (1) of section 33, the
words "or civil partner" shall be
omitted.
(27) Subsections (2) and (4) of section 33
shall be omitted.
(28) Subsections (2) and (4) of section 35
shall be omitted.
(29) In subsection (1) of section 36, the
words "subject to the restrictions
imposed by this Act on the number of
trustees" shall be omitted.
(30) In subsection (2) of section 36, the
words "but subject to the restrictions
imposed by this Act on the number of
trustees" shall be omitted.
(31) In subsection (3) of section 36, the
words "and of any enactment
replaced thereby" shall be omitted.
(32) Subsections (4), (5), (6), (6A), (6B),
(6C) and (6D) of section 36 shall be
omitted.
(33) In subsection (9) of section 36, the
words "of Protection" shall be
omitted.
LNDOCS01/861680.12 21
(34) In subsection (1) of section 37, the
words "subject to the restrictions
imposed by this Act on the number of
trustees" and the words "not
exceeding four" shall be omitted.
(35) In subsection (1) of section 38, the
words "coming into operation after
the commencement of this Act" shall
be omitted.
(36) In subsection (2) of section 40, the
words "is made after the
commencement of this Act" shall be
omitted.
(37) In subsection (3) of section 40, the
words "whether made before or after
the commencement of this Act" shall
be omitted.
(38) In subsection (4) of section 40, the
words "an Act of Parliament" shall be
substituted by the words "any law".
(39) Subsection (6) of section 40 shall be
omitted.
(40) Subsections (2) and (4) of section 41
shall be omitted.
(41) In section 42, the words "other than
the Public Trustee" shall be omitted.
(42) In subsections (3) and (4) of section
51, the words "Registrar of
Government Stock" shall be
substituted by the words "Global
Market's Registrations Bureau
established pursuant to the ADGM
Basic Law".
(43) Subsection (6) of section 51 shall be
omitted.
(44) Subsection (4) of section 57 shall be
omitted.
(45) In section 59, the words "counsel and
solicitor" shall be substituted by the
word "lawyer".
(46) In section 61, the words "whether the
LNDOCS01/861680.12 22
transaction alleged to be a breach of
trust occurred before or after the
commencement of this Act" shall be
omitted.
(47) Subsection (2) of section 62 shall be
omitted.
(48) In section 66, the words "Bank of
England, the Registrar of
Government Stock, any previous
Registrar of Government Stock" shall
be substituted by the words "Global
Market's Registrations Bureau
established pursuant to the ADGM
Basic Law".
(49) In subsection (1) of section 68: (i) the
definitions set out in paragraphs (4)
(Gazette), (6) (Land), (7) (Mortgage
and mortgagee), (9) (Personal
representative), (15) (Tenant for life,
statutory owner, settled land,
settlement, trust instrument, trustees
of the settlement, term of years
absolute, and vesting instrument) and
(20) (United Kingdom) shall be
omitted; (ii) in the definition of
"Instrument" the words "Act of
Parliament" shall be substituted by
the words "a Global Market
Regulation"; (iii) in the definition of
"Trust corporation" the words "the
Public Trustee or", the word "either"
and the words "or entitled by rules
made under subsection (3) of section
four of the Public Trustee Act 1906,
to act as custodian trustee" shall be
omitted.
(50) Subsections (2) and (3) of section 68
shall be omitted.
(51) Subsection (1) of section 69 shall be
omitted.
(52) Subsections (3) and (4) of section 71
shall be omitted.
Law Reform (Miscellaneous Provisions) Act
1934 (Chapter 41)
The whole Act, other than section 3, which
shall be omitted, and subject to the following
modification: subsection (2) of section 4 shall
be omitted.
LNDOCS01/861680.12 23
Law Reform (Married Women and
Tortfeasors) Act 1935 (Chapter 30)
The whole Act, other than section 5, which
shall be omitted, and subject to the following
modifications:
(1) Subsection (1) of section 4 shall be
omitted.
(2) Subsections (2) and (3) of section 8
shall be omitted.
Law Reform (Frustrated Contracts) Act 1943
(Chapter 40)
The whole Act, subject to the following
modification: subsections (1) and (2) of
section 2 shall be omitted.
Law Reform (Contributory Negligence) Act
1945 (Chapter 28)
The whole Act, other than sections 3, 5 and 6,
which shall be omitted, and subject to the
following modification: in subsection (5) of
section 1, the words "the Limitation Act
1939, or any other enactment" shall be
substituted by the words "any enactment".
Law Reform (Personal Injuries) Act 1948
(Chapter 41)
The whole Act, other than sections 2, 4 and 5,
which shall be omitted, and subject to the
following modifications:
(1) Subsection (2) of section 1 shall be
omitted.
(2) Subsection (2) of section 6 shall be
omitted.
Cheques Act 1957 (Chapter 36) The whole Act, other than section 7, which
shall be omitted, and subject to the following
modifications:
(1) Paragraph (c) of subsection (2) of
section 4 shall be omitted.
(2) Subsection (2) of section 8 shall be
omitted.
Occupiers' Liability Act 1957 (Chapter 31) The whole Act, other than sections 6 and 7,
which shall be omitted, and subject to the
following modifications:
(1) Subsection (4) of section 1 shall be
omitted.
(2) In subsection (4) of section 3, the
words "(including a statutory tenancy
which does not in law amount to a
tenancy)" shall be omitted.
LNDOCS01/861680.12 24
(3) Subsection (5) of section 3 shall be
omitted.
(4) Subsection (4) of section 5 shall be
omitted.
(5) Subsections (2) and (3) of section 8
shall be omitted.
Variation of Trusts Act 1958 (Chapter 53) The whole Act, other than section 2, which
shall be omitted, and subject to the following
modifications:
(1) In subsection (1) of section 1, the
words "arising, whether before or
after the passing of this Act, under
any will, settlement or other
disposition" shall be omitted.
(2) Subsections (3), (5) and (6) of section
1 shall be omitted.
Corporate Bodies' Contracts Act 1960
(Chapter 46)
The whole Act, subject to the following
modifications:
(1) Subsection (5) of section 1 shall be
omitted.
(2) In section 2, the reference to the
"Companies Act 2006" shall be read
as a reference to the Companies
Regulations [].
(3) In section 2, after the words "a
limited liability partnership", the
words "registered in accordance with
the Limited Liability Partnerships
Regulations []" shall be inserted.
(4) Subsection (3) of section 4 shall be
omitted.
Law Reform (Husband and Wife) Act 1962
(Chapter 48)
The whole Act, other than section 2, which
shall be omitted, and subject to the following
modifications:
(1) Paragraph (b) of subsection (2) of
section 1, and the words appearing
after that paragraph shall be omitted.
(2) In subsection (3) of section 3, the
words "and subsection (1) of section
two" shall be omitted.
LNDOCS01/861680.12 25
(3) Subsections (4) and (5) of section 3
shall be omitted.
Hire-Purchase Act 1964 (Chapter 53) The whole Act, subject to the following
modifications:
(1) In subsection (1) of section 27, the
words "or (in Scotland) hired" shall
be omitted.
(2) In subsection (1) of section 28, the
words "(whether criminal or civil)"
and the words "or (in Scotland)
hired" shall be omitted.
(3) In section 29, the words "or (in
Scotland) hired", the words "or (in
Scotland) hiring" and the words "or
hired" shall be omitted.
(4) In paragraph (b) of subsection (4) of
section 29, the words "including a
person who at the time is, by virtue of
section 130(4) of the Consumer
Credit Act 1974 treated as a bailee or
(in Scotland) a custodier of the
vehicle" shall be omitted.
(5) Subsection (5) of section 37 shall be
omitted.
Misrepresentation Act 1967 (Chapter 7) The whole Act, other than section 5, which
shall be omitted, and subject to the following
modifications:
(1) Subsections (4) and (5) of section 2
shall be omitted.
(2) Subsections (2), (3) and (4) of section
6 shall be omitted.
Law Reform (Miscellaneous Provisions) Act
1970 (Chapter 33)
The whole Act, other than the Schedule,
which shall be omitted, and subject to the
following modifications:
(1) Subsection (2) of section 1 shall be
omitted.
(2) In subsection (1) of section 2, the
words "including any such rule as
explained by section 37 of the
Matrimonial Proceedings and
Property Act 1970" shall be omitted.
LNDOCS01/861680.12 26
(3) Subsection (2) of section 2 shall be
omitted.
(4) In section 5, the words "except in the
case of a cause of action accruing
before this Act comes into force if an
action in respect thereof has been
begun before this Act comes into
force" shall be omitted.
(5) Subsections (2), (3) and (4) of section
7 shall be omitted.
Powers of Attorney Act 1971 (Chapter 27) The whole Act, other than Schedule 2, which
shall be omitted, and subject to the following
modifications:
(1) In paragraph (b) of subsection (1) of
section 3, the words "solicitor,
authorised person or stockbroker"
shall be substituted by the word
"lawyer".
(2) Subsections (3) and (5) of section 3
shall be omitted.
(3) In subsection (4) of section 3, the
words "section 4 of the Evidence and
Powers of Attorney Act 1940 (proof
of deposited instruments by office
copy) and to" and the word "other"
shall be omitted.
(4) Subsection (3) of section 4 shall be
omitted.
(5) In paragraph (b) of subsection (4) of
section 5, the words "statutory
declaration" shall be substituted by
the words "a declaration in a form
prescribed by the Board in a
resolution".
(6) The words of subsection (6) of
section 5 shall be substituted by the
following words: "In this section: (a)
"purchaser" means a purchaser in
good faith for money or money's
worth and includes a lessee,
mortgagee or other person who for
money or money's worth acquires an
interest in property; (b) where the
context so requires "purchaser"
LNDOCS01/861680.12 27
includes an intending purchaser; and
(c) "purchase" has a meaning
corresponding with that of
"purchaser"".
(7) Subsection (7) of section 5 shall be
omitted.
(8) The words of subsection (2) of
section 6 shall be substituted by the
following words: "In this section: (a)
"registered securities" means
transferable securities the holders of
which are entered in a register
(whether maintained in the Global
Market or not); and (b) "stock
exchange transaction" means a sale
and purchase of securities in which
each of the parties is a member of a
stock exchange acting in the ordinary
course of his business as such or is
acting through the agency of such a
member; and for the purposes of this
definition "stock exchange" means
any stock exchange which is declared
to be a recognised stock exchange by
resolution of the Board."
(9) Subsections (2) and (4) of section 7
shall be omitted.
(10) In subsection (2) of section 10, the
words "or personal representative or
as a tenant for life or statutory owner
within the meaning of the Settled
Land Act 1925" shall be omitted.
(11) Subsections (2), (3) and (5) of section
11 shall be omitted.
Insurance Companies Amendment Act 1973
(Chapter 58)
The whole Act, subject to the following
modification: subsection (2) of section 50
shall be omitted.
Supply of Goods (Implied Terms) Act 1973
(Chapter 13)
The whole Act, other than sections 12A and
17, which shall be omitted, and subject to the
following modifications:
(1) In subsection (1) of section 8, the
words "or (in Scotland) hired" shall
be omitted.
(2) In subsection (2) of section 8, the
words "or hired" shall be omitted.
LNDOCS01/861680.12 28
(3) In subsection (3) of section 8, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(4) In subsection (1) of section 9, the
words "or (in Scotland) hired" and
the words "or hired" shall be omitted.
(5) In subsection (1A) of section 9, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(6) In subsection (2) of section 9, the
words "or hired" and the words "or
hire" shall be omitted.
(7) In subsection (1) of section 10, the
words "and subject to the provisions
of any other enactment, including any
enactment of the Parliament of
Northern Ireland, or the Northern
Ireland Assembly" and the words "or
(in Scotland) hired" shall be omitted.
(8) In subsection (2) of section 10, the
words "or hires" shall be omitted.
(9) In subsection (2C) of section 10, the
words "or hired" shall be omitted.
(10) In subsection (2D) of section 10, the
words "or hired" and the words "or,
in Scotland, if the goods are hired to
a person under a consumer contract"
shall be omitted.
(11) In subsection (2F) of section 10, the
words "or hired" and the words "or,
in Scotland, whether or not the goods
are hired to a person under a
consumer contract" shall be omitted.
(12) In subsection (3) of section 10, the
words "or hires" and the words "or
hired" shall be omitted.
(13) In subsection (5) of section 10, the
words "or hiring" and the words "or
hired" shall be omitted.
(14) In subsection (7) of section 10, the
LNDOCS01/861680.12 29
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(15) Subsection (8) of section 10 shall be
omitted.
(16) In subsection (1) of section 11, the
words "or (in Scotland) hired" and
the words "or hired" shall be omitted.
(17) In subsection (2) of section 11, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(18) Subsection (5) of section 11A shall
be omitted.
(19) In subsection (2) of section 14, the
words "in England and Wales and
Northern Ireland" shall be omitted.
(20) In subsection (1) of section 15: (i) in
the definition of "business", the
words "(including a Northern Ireland
department)" shall be omitted; (ii) in
the definition of "creditor", the words
"or (in Scotland) hired" shall be
omitted; (iii) in the definition of
"hire-purchase agreement" the words
"or (in Scotland) hired" and the
words "or hired" shall be omitted;
and (iv) in the definition of
"producer" the words "into the
European Economic Area" shall be
omitted.
(21) In subsection (4) of section 15, the
words "including any enactment of
the Parliament of Northern Ireland or
the Northern Ireland Assembly" shall
be omitted.
(22) Subsections (3), (4) and (5) of section
18 shall be omitted.
Fatal Accidents Act 1976 (Chapter 30) The whole Act, other than section 6 and
Schedules 1 and 2, which shall be omitted,
and subject to following modifications:
(1) In subsection (3) of section 1,
paragraphs (aa), (b) and (fa) shall be
omitted.
LNDOCS01/861680.12 30
(2) Subsection (4A) of section 1 shall be
omitted.
(3) In paragraph (a) of subsection (5) of
section 1, the words "or civil
partnership" shall be omitted.
(4) Paragraph (b) of subsection (5) of
section 1 shall be omitted.
(5) In paragraphs (a) and (b) of
subsection (2) of section 1A, the
words "or civil partner" shall be
omitted.
(6) In paragraph (b) of subsection (2) of
section 1A, the words "if he was
legitimate; and" and the words "of his
mother, if he was illegitimate" shall
be omitted.
(7) In subsection (3) of section 1A, the
figure "£12,980" shall be substituted
by the figure "20,000 United States
Dollars".
(8) In subsection (5) of section 1A, the
words "Lord Chancellor" shall be
substituted by the word "Board" and
the words "order made by statutory
instrument, subject to annulment in
pursuance of a resolution of either
House of Parliament" shall be
substituted by the word "resolution".
(9) In subsection (4) of section 2, the
word "solicitor" shall be substituted
by the word "lawyer".
(10) Subsection (4) of section 3 shall be
omitted.
(11) Subsections (2) and (3) of section 7
shall be omitted.
Torts (Interference with Goods) Act 1977
(Chapter 32)
The whole Act, other than sections 15 and 16
and Schedule 2, which shall be omitted, and
subject to the following modifications:
(1) In section 1, the words "and
references in this Act (however
worded) to proceedings for wrongful
interference or to a claim or right to
LNDOCS01/861680.12 31
claim for wrongful interference shall
include references to proceedings by
virtue of Part I of the Consumer
Protection Act 1987 or Part II of the
Consumer Protection (Northern
Ireland) Order 1987 (product
liability) in respect of any damage to
goods or to an interest in goods or, as
the case may be, to a claim or right to
claim by virtue of that Part in respect
of any such damage" shall be
omitted.
(2) In subsection (8) of section 3, the
words "(a) to the remedies afforded
by section 133 of the Consumer
Credit Act 1974;" and the words "or
to those sections of the Hire-Purchase
Act (Northern Ireland) 1966 (so long
as those sections respectively remain
in force)" shall be omitted.
(3) Subsections (4), (5) and (6) of section
4 shall be omitted.
(4) Subsections (3) and (4) of section 9
shall be omitted.
(5) Subsection (9) of section 12 shall be
omitted.
(6) Subsection (3) of section 13 shall be
omitted.
(7) In subsection (1) of section 14, the
definitions of "enactment" and "High
Court" shall be omitted.
(8) Subsections (2) and (3) of section 17
shall be omitted.
(9) In paragraph 6 of Schedule 1, the
words "in a registered letter, or by the
recorded delivery service" shall be
omitted.
(10) In paragraph 8 of Schedule 1, the
words "and of section 26 of the
Interpretation Act 1889 in its
application to this Schedule" shall be
omitted.
Unfair Contract Terms Act 1977 (Chapter
50)
Parts I and III only, other than sections 8, 28
and 31 and Schedules 3 and 4, which shall be
LNDOCS01/861680.12 32
omitted, and subject to the following
modifications:
(1) In paragraph (c) of subsection (1) of
section 1, the words "or the
Occupiers' Liability Act (Northern
Ireland) 1957" shall be omitted.
(2) In subsection (1) of section 11, the
words "and section 3 of the
Misrepresentation Act (Northern
Ireland) 1967" shall be omitted.
(3) In section 14, the definition of "hire
purchase agreement" shall be
substituted by the following
definition: ""hire-purchase agreement
means an agreement, other than a
conditional sale agreement, under
which — (a) goods are bailed in
return for periodical payments by the
person to whom they are bailed, and
(b) the property in the goods will pass
to that person if the terms of the
agreement are complied with and one
or more of the following occurs — (i)
the exercise of an option to purchase
by that person, (ii) the doing of any
other specified act by any party to the
agreement, (iii) the happening of any
other specified event; and for the
purposes of this definition
"conditional sale agreement" means
an agreement for the sale of goods or
land under which the purchase price
or part of it is payable by
installments, and the property in the
goods or land is to remain in the
seller (notwithstanding that the buyer
is to be in possession of the goods or
land) until such conditions as to the
payment of installments or otherwise
as may be specified in the agreement
are fulfilled".
(4) In paragraph (b) of subsection (3) of
section 26, the words "(the Channel
Islands and the Isle of Man being
treated for this purpose as different
States from the United Kingdom)"
shall be omitted.
(5) In subsection (1) of section 27, the
LNDOCS01/861680.12 33
words "any part of" shall be omitted.
(6) Subsection (3) of section 27 shall be
omitted.
(7) Paragraph (b) of subsection (1) of
section 29 shall be omitted.
(8) In subsection (3) of section 29, the
definitions of "enactment" and
"statutory" shall be omitted.
(9) Subsections (2), (3) and (4) of section
32 shall be omitted.
(10) Sub-paragraph (f) of paragraph 1 of
Schedule 1 shall be omitted.
(11) Paragraph 5 of Schedule 1 shall be
omitted.
Civil Liability (Contribution) Act 1978
(Chapter 47)
The whole Act, other than sections 5, 8 and 9
and Schedules 1 and 2, which shall be
omitted, and subject to the following
modifications:
(1) In subsection (5) of section 1, the
words "any part of" shall be omitted.
(2) Subsections (1) and (2) of section 7
shall be omitted.
(3) Subsections (2) and (3) of section 10
shall be omitted.
Sale of Goods Act 1979 (Chapter 54) The whole Act, other than sections 1, 15B,
22, 53A, 56, 58, and 63, and Schedules 1, 2, 3
and 4, which shall be omitted, and subject to
the following modifications:
(1) All references in the Act to
"custodier" shall be omitted.
(2) All references in the Act to "the
Factors Acts" shall be substituted by
references to "the Factors Act 1889".
(3) Subsections (1) and (7) of section 11
shall be omitted.
(4) In subsection (5A) of section 12, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
LNDOCS01/861680.12 34
(5) Subsection (6) of section 12 shall be
omitted.
(6) In subsection (1A) of section 13, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(7) Subsection (4) of section 13 shall be
omitted.
(8) In subsection (2D) of section 14, the
words "or, in Scotland, if a contract
of sale is a consumer contract" shall
be omitted.
(9) In subsection (2F) of section 14, the
words "or, in Scotland, whether or
not the contract of sale is a consumer
contract" shall be omitted.
(10) In subsection (6) of section 14, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(11) Subsections (7) and (8) of section 14
shall be omitted.
(12) In subsection (3) of section 15, the
words "as regards England and Wales
and Northern Ireland" shall be
omitted.
(13) Subsection (4) of section 15 shall be
omitted.
(14) Subsection (4) of section 15A shall
be omitted.
(15) In subsection (4) of section 20, the
words "or, in Scotland, where there is
a consumer contract in which the
buyer is a consumer" shall be
omitted.
(16) Subsections (2), (3) and (4) of section
25 shall be omitted.
(17) Subsection (2C) of section 30 shall
be omitted.
(18) In subsection (4) of section 32, the
LNDOCS01/861680.12 35
words "or, in Scotland, where there is
a consumer contract in which the
buyer is a consumer" shall be
omitted.
(19) In subsection (3) of section 35, the
words "or (in Scotland) the contract
of sale is a consumer contract" shall
be omitted.
(20) Subsection (8) of section 35 shall be
omitted.
(21) In subsection (1) of section 48A, the
words "or, in Scotland, there is a
consumer contract in which the buyer
is a consumer" shall be omitted.
(22) In subsection (2) of section 48D, the
words "in England and Wales or
Northern Ireland" and the words "in
Scotland he rejects any goods
delivered under the contract and
treats it as repudiated" shall be
omitted.
(23) In subsection (2) of section 48E, the
words "or, in Scotland, specific
implement" shall be omitted.
(24) Subsection (3) of section 49 shall be
omitted.
(25) Subsection (4) of section 52 shall be
omitted.
(26) Subsection (5) of section 53 shall be
omitted.
(27) Subsection (3) of section 55 shall be
omitted.
(28) In subsection (1) of section 61: (i) in
the definition of "action" the words
"and in Scotland condescendence and
claim and compensation" shall be
omitted; (ii) in the definition of
"business" the words "(including a
Northern Ireland department)" shall
be omitted; (iii) the definition of
"consumer contract" shall be omitted;
(iv) the definition of "defendant"
shall be omitted; (v) the definition of
"Factors Acts" shall be omitted; (vi)
LNDOCS01/861680.12 36
in the definition of "goods", the
words "and in Scotland all corporeal
moveables except money" shall be
omitted; (vii) the definition of
"plaintiff" shall be omitted; (viii) in
the definition of "producer", the
words "into the European Economic
Area" shall be omitted; and (ix) in the
definition of "warranty" the words
"as regards England and Wales and
Northern Ireland" shall be omitted.
(29) Subsection (6) of section 61 shall be
omitted.
(30) Subsections (3) and (5) of section 62
shall be omitted.
(31) Subsection (2) of section 64 shall be
omitted.
Limitation Act 1980 (Chapter 58) The whole Act, other than sections 4, 11A,
19A, 22, 26, 27, 27A, 27AB, 27B, 27C, 33A,
37, 40, and Schedules 2, 3, and 4, which shall
be omitted, and subject to the following
modifications:
(1) Subsections (1A) and (6) of section
11 shall be omitted.
(2) Subsection (1A) of section 14 shall be
omitted.
(3) Subsections (3) and (7) of section 15
shall be omitted.
(4) Subsection (2) of section 18 shall be
omitted, paragraph (a) of subsection
(4) of section 18 shall be omitted and
any references to "settled land" or
"statutory owners" in that section
shall be omitted.
(5) The words "and the power conferred
by section 72(1) of the Tribunals,
Courts and Enforcement Act 2007
shall not be exercisable" in section 19
shall be omitted.
(6) Subsection (7) of section 28 shall be
omitted.
(7) Paragraph (b) of subsection (2) of
section 29 shall be omitted and
LNDOCS01/861680.12 37
references to "advowson" or
"benefice" in that section shall be
omitted.
(8) The reference to "benefice" in
subsection (1) of section 31 shall be
omitted.
(9) Subsection (4A) of section 32 shall be
omitted.
(10) Subsection (1A) of section 33 shall be
omitted.
(11) The second sentence of subsection (2)
of section 33 shall be omitted.
(12) In subsection (3) of section 35, the
words "neither the High Court nor
any county court" in the first sentence
of that subsection shall be substituted
by the words "no Court".
(13) In subsection (1) of section 36, after
the words "Limitation Act 1939 was
applied" the words "in England" shall
be inserted.
(14) In subsection (1) of section 38: (i) in
the definition of "action", the words
"including an ecclesiastical court (and
see subsection (11) below)" shall be
omitted; (ii) the definition of "land"
shall be omitted; (iii) the definition of
"personal estate" and "personal
property" shall be omitted; (iv) the
definition of "rent" shall be omitted;
and (v) the definitions of "settled
land", "statutory owner" and "tenant
for life" shall be omitted.
(15) Subsections (8) and (11) of section 38
shall be omitted.
(16) In subsection (2) of section 38, the
words "(within the meaning of the
Mental Capacity Act 2005)" shall be
omitted.
(17) In subsection (5) of section 38, the
words "and any person whose estate
or interest might have been barred by
a person entitled to an entailed
interest in possession shall be treated
LNDOCS01/861680.12 38
as claiming through the person so
entitled" shall be omitted.
(18) In subsection (7) of section 38, the
words "or, in the case of rentcharges
and tithes, to distrain for arrears of
rent or tithe" and the word "distress"
shall be omitted.
(19) In section 39, the words "or to any
action or arbitration to which the
Crown is a party and for which, if it
were between subjects, a period of
limitation would be prescribed by or
under any such other enactment"
shall be omitted.
(20) Subsections (2), (3) and (4) of section
41 shall be omitted.
(21) In paragraph 2 of Schedule 1, the
words "or, in the case of a rentcharge
created by will or taking effect upon
his death, in possession of the land
charged" shall be omitted.
(22) In paragraph 3 of Schedule 1, the
words "or, in the case of a rentcharge
created by the assurance, in
possession of the land charged" shall
be omitted.
(23) In sub-paragraph (1) of paragraph 6
of Schedule 1, the words "by which a
rent of not less than ten pounds a year
is reserved" shall be omitted.
(24) Sub-paragraph (2) of paragraph 6 of
Schedule 1 shall be omitted.
(25) In sub-paragraph (3) of paragraph 8
of Schedule 1, the words "possession
of any land subject to a rentcharge by
a person (other than the person
entitled to the rentcharge) who does
not pay the rent shall be treated as
adverse possession of the rentcharge;
and" shall be omitted.
(26) In paragraph 9 of Schedule 1, the
words "settled land or any" and the
words "tenant for life, statutory
owner or" shall be omitted.
LNDOCS01/861680.12 39
(27) Paragraphs 10 to 13 inclusive of
Schedule 1 shall be omitted.
Supply of Goods and Services Act 1982
(Chapter 29)
Parts I, IB, II, and III only, other than section
17, which shall be omitted, and subject to the
following modifications:
(1) In subsections (1) and (3) of section 1
and subsections (1) and (3) of section
6, the words "in its application to
England and Wales and Northern
Ireland" shall be omitted.
(2) In subsection (1) of section 11M, the
words "or, in Scotland, there is a
consumer contract in which the
transferee is a consumer" shall be
omitted.
(3) Subsection (5) of section 11M shall
be omitted.
(4) Paragraph (b) of subsection (2) of
section 11Q shall be omitted, and, in
paragraph (a) of that subsection, the
words "in England and Wales or
Northern Ireland" shall be omitted.
(5) In subsection (2) of section 11R, the
words "or, in Scotland, specific
implement" shall be omitted.
(6) In section 11S, the words "or, in
Scotland, by section 11C, section
11D or 11E above" and the words "or
(in Scotland) in breach of any term
implied by any rule of law as to the
manner in which the installation is
carried out" shall be omitted.
(7) In subsection (4) of section 12, the
words "Secretary of State" shall be
substituted by the word "Board" and
the references to "order" shall be read
as references to a "resolution".
(8) Subsection (5) of section 12 shall be
omitted.
(9) In subsection (1) of section 18: (i) in
the definition of "credit brokerage"
the words "or as regards Scotland the
hire" shall be omitted; (ii) the
LNDOCS01/861680.12 40
definition of "enactment" shall be
omitted; (iii) in the definition of
"goods", the words "and as regards
Scotland all corporeal moveables"
shall be omitted; (iv) the definition of
"hire purchase agreement" shall be
substituted by the following
definition: ""hire-purchase agreement
means an agreement, other than a
conditional sale agreement, under
which — (a) goods are bailed in
return for periodical payments by the
person to whom they are bailed, and
(b) the property in the goods will pass
to that person if the terms of the
agreement are complied with and one
or more of the following occurs — (i)
the exercise of an option to purchase
by that person, (ii) the doing of any
other specified act by any party to the
agreement, (iii) the happening of any
other specified event; and for the
purposes of this definition
"conditional sale agreement" means
an agreement for the sale of goods or
land under which the purchase price
or part of it is payable by
installments, and the property in the
goods or land is to remain in the
seller (notwithstanding that the buyer
is to be in possession of the goods or
land) until such conditions as to the
payment of installments or otherwise
as may be specified in the agreement
are fulfilled"; and (v) in the definition
of "producer" the words "into the
European Economic Area" shall be
omitted.
(10) Subsections (2), (3), (4), (5) and (6)
of section 20 shall be omitted.
Foreign Limitation Periods Act 1984
(Chapter 16)
The whole Act, other than sections 1A, 6, and
8, which shall be omitted, and subject to the
following modifications:
(1) References in the Act to a "country"
shall be read as references to a
"jurisdiction".
(2) In subsection (1) of section 1, the
words "subject to section 1A" shall
be omitted.
LNDOCS01/861680.12 41
(3) Subsections (2), (3) and (4) of section
7 shall be omitted.
Occupiers' Liability Act 1984 (Chapter 3) The whole Act, other than sections 1A, 2 and
3, which shall be omitted, and subject to the
following modifications:
(1) Subsections (6A), (6AA), (6B) and
(6C) of section 1 shall be omitted.
(2) Subsections (2) and (3) of section 4
shall be omitted.
Latent Damage Act 1986 (Chapter 37) The whole Act, other than section 4, which
shall be omitted, and subject to the following
modifications:
(1) Subsection (7) of section 3 shall be
omitted, and in subsection (4) of
section 3, the words "section 538 of
the Companies Act 1985 (vesting of
company property in liquidator)"
shall be substituted by the words
"Section [•] of the Insolvency
Regulations []".
(2) In subsection (2) of section 5, the
words "has the meaning given by
section 1" shall be substituted by the
words "means the Limitation Act
1980".
(3) Subsections (3) and (4) of section 5
shall be omitted.
Minors' Contracts Act 1987 (Chapter 13) Sections 2, 3 and 5 only, subject to the
following modifications:
(1) In subsection (1)(a) of section 3, the
words "after the commencement of
this Act" shall be omitted.
(2) Subsections (2) and (3) of section 5
shall be omitted.
Law of Property (Miscellaneous Provisions)
Act 1989 (Chapter 34)
The whole Act, other than sections 2, 4 and 5
and Schedules 1 and 2, which shall be
omitted, and subject to the following
modifications:
(1) In subsection (6) of section 1, (i) the
definition of "purchaser" shall be
substituted by the following
LNDOCS01/861680.12 42
definition: ""purchaser" means a
purchaser in good faith for money or
money's worth and includes a lessee,
mortgagee or other person who for
money or money's worth acquires an
interest in property; where the
context so requires "purchaser"
includes an intending purchaser; and
"purchase" has a meaning
corresponding with that of
"purchaser""; and (ii) the definition
of "relevant lawyer" shall be
substituted by the following
definition: ""relevant lawyer" means
a person who, by way of business,
provides legal services to third
parties."
(2) Subsections (8), (9) and (11) of
section 1 shall be omitted.
(3) In section 3, the words "in relation to
contracts made after this section
comes into force" shall be omitted.
(4) Subsection (2) of section 6 shall be
omitted.
Carriage of Goods by Sea Act 1992 (Chapter
50)
The whole Act, subject to the following
modifications:
(1) In subsections (5) and (6) of section
1: (i) the words "Secretary of State",
wherever they occur, shall be
substituted by the word "Board"; and
(ii) the word "regulations" in
subsection (5) of section 1 shall be
substituted by the word "resolution";
(iii) the word "regulations" in
subsection (6) of section 1 shall be
substituted by the words "A
resolution"; and (iv) the words "and
the power to make regulations under
that subsection shall be exercisable
by statutory instrument subject to
annulment in pursuance of a
resolution of either House of
Parliament" in subsection (6) of
section 1 shall be omitted.
(2) Subsection (5) of section 5 shall be
omitted.
(3) Subsections (3) and (4) of section 6
LNDOCS01/861680.12 43
shall be omitted.
Private International Law (Miscellaneous
Provisions) Act 1995 (Chapter 42)
Parts III and IV only, other than sections 14,
15, 15A, 15B, 16, 17, and 18, and the
Schedule, which shall be omitted, and subject
to the following modifications:
(1) The words "or delict" shall be
omitted in the whole of Parts III and
IV.
(2) In subsection (1) of section 9, the
words "or (for the purposes of the
law of Scotland) delict" shall be
omitted.
(3) In subsection (6) of section 9, the
words "(and without prejudice to the
operation of section 14 below)" shall
be omitted.
(4) Subsections (7) and (8) of section 9
shall be omitted.
(5) In section 12, subsections (1) and (2)
shall be re-numbered as subsections
(2) and (3) respectively, and the
following subsection shall be inserted
as subsection (1), namely: "(1) A
party's non-contractual obligations to
another party shall be governed by
any law expressly chosen by those
parties in an agreement between them
to apply such law to those non-
contractual obligations, whether
entered into before or after the event
giving rise to the damage occurred."
(6) In subsection (2) of section 13, the
words "any part of" and the words
"and any claim under the law of
Scotland for verbal injury" shall be
omitted.
Damages Act 1996 (Chapter 48) The whole Act, other than sections 4 and 6
and the Schedule, which shall be omitted, and
subject to the following modifications:
(1) In subsection (1) of section 1, the
words "Lord Chancellor" shall be
substituted by the word "Board".
(2) Subsections (4), (5) and (6) of section
1 shall be omitted.
LNDOCS01/861680.12 44
(3) Subsection (4) of section 2 shall be
omitted.
(4) In subsection (5) of section 2, the
words "by virtue of subsection (4)"
shall be omitted.
(5) Paragraphs (b), (c) and (d) of
subsection (7) of section 2 shall be
omitted.
(6) In subsection (8) of section 2, the
words "the retail prices index (within
the meaning of section 833(2) of the
Income and Corporation Taxes Act
1988)" shall be substituted by the
words "such price index" and the
words "Civil Procedure Rules" shall
be substituted by the words "the
Procedural Rules of the Court".
(7) In subsection (1) of section 2A, the
words "Civil Procedure Rules" shall
be substituted by the words "the
Procedural Rules of the Court".
(8) Subsections (2), (3), (4) and (6) of
section 2A shall be omitted.
(9) In subsections (1) and (2) of section
2B, the words "Lord Chancellor"
shall be substituted by the word
"Board" and the word "order" shall
be substituted by the word
"resolution".
(10) In subsections (3) and (4) of section
2B, the words "an order under this
section" shall be substituted by the
words "a resolution under this
section".
(11) In subsection (3) of section 2B, the
words "Civil Procedure Rules" shall
be substituted by the words "the
Procedural Rules of the Court" and
the words "or, in relation to Northern
Ireland, rules of court" shall be
omitted.
(12) Subsections (5), (6) and (8) of section
2B shall be omitted.
LNDOCS01/861680.12 45
(13) In subsection (7) of section 2B: (i)
the definition of "provisional
damages" shall be substituted by the
following definition: ""provisional
damages" means damages awarded
by virtue of section [] of the Courts
Regulations []"; and (ii) the
definition of "further damages" shall
be substituted by the following
definition: ""further damages" means
damages awarded by virtue of section
[] of the Courts Regulations []".
(14) In subsection (5) of section 3, the
definition of "provisional damages"
shall be substituted by the following
definition: ""provisional damages"
means damages awarded by virtue of
section [] of the Courts Regulations
[]".
(15) Subsections (6) and (7) of section 3
shall be omitted.
(16) Subsections (2) and (3) of section 7
shall be omitted.
(17) Subsections (2) and (3) of section 8
shall be omitted.
Trusts of Land and Appointment of Trustees
Act 1996 (Chapter 47)
The whole Act, other than sections 2, 5, 16,
18, 24, and 25, and Schedules 1, 2, 3, and 4,
which shall be omitted, and subject to the
following modifications:
(1) Paragraph (b) of subsection (2) of
section 1 and subsection (3) of that
section shall be omitted.
(2) Subsections (2) and (3) of section 3
shall be omitted.
(3) Subsections (2) and (3) of section 4
shall be omitted.
(4) In subsection (7) of section 6, the
words "or of the Charity
Commission" shall be omitted.
(5) Subsection (6) of section 7 shall be
omitted.
(6) In subsection (3) of section 8, the
LNDOCS01/861680.12 46
words "ecclesiastical or public" shall
be omitted.
(7) In subsection (2) of section 9, the
words "statutory declaration" shall be
substituted by the words "declaration
in a form prescribed by the Board by
resolution".
(8) Subsections (6) and (9) of section 9
shall be omitted.
(9) Subsection (7) of section 9A shall be
omitted.
(10) In subsection (2) of section 10, the
words "ecclesiastical or public" shall
be omitted.
(11) In subsection (3) of section 10, the
words "within the meaning of the
Children Act 1989" shall be omitted.
(12) Paragraph (b) of subsection (2) of
section 11 and subsections (3) and (4)
of that section shall be omitted.
(13) Subsection (4) of section 14 shall be
omitted.
(14) Subsection (4) of section 15 shall be
omitted.
(15) In subsection (3) of section 17, the
words "(including settled land)" shall
be omitted.
(16) Paragraph (b) of subsection (4) of
section 17 and subsections (5) and (6)
of that section shall be omitted.
(17) Subsection (5) of section 19 shall be
omitted.
(18) In subsection (1)(a) of section 20, the
words "(within the meaning of the
Mental Capacity Act 2005)" shall be
omitted.
(19) In subsection (2) of section 20,
paragraph (b) of that subsection and
the words "of Protection" shall be
omitted.
LNDOCS01/861680.12 47
(20) In subsection (4) of section 21, the
words "or section 24(1) of the Law of
Property Act 1925 (requirements as
to identity of trustees)" shall be
omitted.
(21) Subsections (6), (7) and (8) of section
21 shall be omitted.
(22) The words of subsection (1) of
section 23 shall be substituted by the
following words: "In this Act: (a)
"purchaser" means a purchaser in
good faith for money or money's
worth and includes a lessee,
mortgagee or other person who for
money or money's worth acquires an
interest in property; (b) where the
context so requires "purchaser"
includes an intending purchaser; and
(c) "purchase" has a meaning
corresponding with that of
"purchaser"."
(23) Subsections (2) and (3) of section 23
shall be omitted.
(24) In subsection (1) of section 26, the
words "Lord Chancellor" shall be
substituted by the word "Board" and
the words "order made by statutory
instrument" shall be substituted by
the word "resolution" and the word
"him" shall be substituted by the
word "them".
(25) Subsections (2) and (3) of section 26
shall be omitted.
(26) Subsections (2), (3), and (4) of
section 27 shall be omitted.
Contracts (Rights of Third Parties) Act 1999
(Chapter 31)
The whole Act, other than section 9, which
shall be omitted, and subject to the following
modifications:
(1) Subsection (7) of section 2 shall be
omitted.
(2) In subsection (2) of section 6, the
words "section 33 of the Companies
Act 2006" shall be substituted by the
words "Section [] of the Companies
LNDOCS01/861680.12 48
Regulations []".
(3) Paragraphs (b) and (c) of subsection
(3) of section 6 shall be omitted.
(4) Subsections (4), (5), (6), (7) and (8)
of section 6 shall be omitted.
(5) In subsections (1) and (2) of section
8, the words "Part I of the Arbitration
Act 1996" shall be substituted by the
words "Section [] of the Arbitration
Regulations []" and the words "that
Act" shall be substituted by the words
"those Regulations".
(6) Subsections (2), (3) and (4) of section
10 shall be omitted.
Trustee Delegation Act 1999 (Chapter 15) The whole Act, other than sections 3, 5, 7, 8,
9, and 12 and the Schedule, which shall be
omitted, and subject to the following
modifications:
(1) Paragraph (a) of subsection (2) of
section 1 and subsections (7) and (9)
of that section shall be omitted.
(2) The words of subsection (1) of
section 2 shall be substituted by the
following words: "In this subsection:
(a) "purchaser" means a purchaser in
good faith for money or money's
worth and includes a lessee,
mortgagee or other person who for
money or money's worth acquires an
interest in property; (b) where the
context so requires "purchaser"
includes an intending purchaser; and
(c) "purchase" has a meaning
corresponding with that of
"purchaser"."
(3) Subsection (4) of section 2 shall be
omitted.
(4) Subsection (3) of section 10 shall be
omitted.
(5) Subsection (1) of section 11 shall be
omitted.
(6) Subsections (1) and (2) of section 13
shall be omitted.
LNDOCS01/861680.12 49
Trustee Act 2000 (Chapter 29) The whole Act, other than sections 7, 10, 27,
33, 34, 35, 36, 37, 38, 40, 41, and 42, and
Schedules 2, 3 and 4, which shall be omitted,
and subject to the following modifications:
(1) In subsection (3) of section 6, the
words "has the same meaning as in
the Interpretation Act 1978" shall be
substituted by the words "means any
resolution of the Board or any rules
made by the Board".
(2) Subsection (2) of section 8 shall be
omitted.
(3) In paragraph (d) of subsection (3) of
section 11, the words "an order made
by the Secretary of State" shall be
substituted by the words "a resolution
of the Board".
(4) Subsection (5) of section 11 shall be
omitted.
(5) In subsection (1) of section 16, the
words "(other than settled land)" shall
be omitted.
(6) Subsection (3) of section 16 shall be
omitted.
(7) Subsection (4) of section 17 shall be
omitted.
(8) Subsection (4) of section 18 shall be
omitted.
(9) Paragraph (c) of subsection (2) of
section 19 and subsection (4) of that
section shall be omitted.
(10) The words of subsection (3) of
section 19 shall be substituted by the
following words: "For the purposes
of determining whether a body
corporate is controlled by trustees, in
relation to a body corporate
(“company A”), “control” means the
power of a person (“P”) to secure —
(a) by means of the holding of shares
or the possession of voting power in
relation to that or any other body
corporate, or (b) as a result of any
LNDOCS01/861680.12 50
powers conferred by the articles of
association or other document
regulating that or any other body
corporate, that the affairs of company
A are conducted in accordance with
P's wishes, and in relation to a
partnership, “control” means the right
to a share of more than half the
assets, or of more than half the
income, of the partnership."
(11) Subsection (4) of section 28 shall be
omitted.
(12) In subsection (3) of section 29, the
words "and for the purposes of
subsection (1) includes, in relation to
the provision of services by a trustee
who is a deposit taker and provides
the services in that capacity, the
deposit taker's reasonable charges for
the provision of such services" shall
be omitted.
(13) Subsections (3A), (3B) and (3C) of
section 29 shall be omitted.
(14) In subsections (1) and (3) of section
30, the word "Secretary of State"
shall be substituted by the word
"Board" and the word "regulations"
shall be substituted by the word
"resolution".
(15) Subsection (4) of section 30 shall be
omitted.
(16) In subsection (1) of section 39, the
definitions of "charitable trust",
"custodian trustee", "enactment",
"exempt charity", "legal mortgage",
"personal representative" and "settled
land" shall be omitted.
Perpetuities and Accumulations Act 2009
(Chapter 18)
The whole Act, other than sections 4, 12, 13,
15, 16, 17, 21, 22, and 23 and the Schedule,
which shall be omitted, and subject to the
following modifications:
(1) Subsection (9) of section 1 shall be
omitted.
(2) Subsections (4) and (5) of section 2
shall be omitted.
LNDOCS01/861680.12 51
(3) In section 3, the words "Lord
Chancellor" shall be substituted by
the word "Board" and the word
"order" shall be substituted by the
word "resolution".
(4) Subsections (5) and (6) of section 3
shall be omitted.
(5) Subsections (3) and (4) of section 6
shall be omitted.
(6) In subsection (2) of section 14, the
words "or the Charity Commission
for England and Wales" shall be
omitted.
(7) Paragraph (b) of subsection (1) of
section 20 and subsections (4) and (5)
of that section shall be omitted.
Third Parties (Rights Against Insurers) Act
2010 (Chapter 10)
The whole Act, other than sections 3, 4, 5, 7,
13, 19 and 20, and Schedules 2, 3 and 4,
which shall be omitted, and subject to the
following modifications:
(1) In paragraph (a) of subsection (4) of
section 1, the words "or a declarator
under section 3" shall be omitted.
(2) In paragraph (a) of subsection (1) of
section 6, the words "section 899 of
the Companies Act 2006" shall be
substituted by the words "section []
of the Insolvency Regulations []".
(3) In paragraph (b) of subsection (1) of
section 6: (i) the words "section
1000, 1001 or 1003 of that Act" shall
be substituted by the words "section
[] of the Companies Regulations
[]"; (ii) the words "section 1025 of
that Act" shall be substituted by the
words "section [] of the Companies
Regulations []"; and (iii) the words
"section 1031 of that Act" shall be
substituted by the words "section []
of the Companies Regulations []".
(4) In paragraph (a) of subsection (2) of
section 6, the words "Part 1 of the
Insolvency Act 1986" shall be
substituted by the words "section []
LNDOCS01/861680.12 52
of the Insolvency Regulations []".
(5) In paragraph (b) of subsection (2) of
section 6, the words "Part 2 of that
Act" shall be substituted by the words
"section [] of the Insolvency
Regulations []".
(6) In paragraph (c) of subsection (2) of
section 6, the words "Part 3 of that
Act" shall be substituted by the words
"section [] of the Insolvency
Regulations []".
(7) In paragraph (d) of subsection (2) of
section 6, the words "Chapter 2 of
Part 4 of that Act" shall be
substituted by the words "section []
of the Insolvency Regulations []".
(8) In paragraph (e) of subsection (2) of
section 6, the words "section 135 of
that Act" shall be substituted by the
words "section [] of the Insolvency
Regulations []".
(9) In paragraph (f) of subsection (2) of
section 6, the words "Chapter 6 of
Part 4 of that Act or Part 5 of that
Act" shall be substituted by the words
"section [] of the Insolvency
Regulations []".
(10) Subsections (3), (4), (7) and (8) of
section 6 shall be omitted.
(11) Paragraphs (a), (c) and (d) of
subsection (9) of section 6 shall be
omitted.
(12) Paragraph (a) of subsection (3) of
section 9 shall be omitted.
(13) The words of paragraph (a) of the
definition of "dissolved" in
subsection (7) of section 9 shall be
substituted by the words "section []
of the Insolvency Regulations []".
(14) The words of paragraph (b) of the
definition of "dissolved" in
subsection (7) of section 9 shall be
substituted by the words "section []
of the Companies Regulations []".
LNDOCS01/861680.12 53
(15) Paragraph (c) of the definition of
"dissolved" in subsection (7) of
section 9 shall be omitted.
(16) In subsection (1) of section 12, the
words "or for a declarator under
section 3(2)(a)", the words "or, in
Scotland, commenced" and the words
"or of a period of prescription
applicable to that liability" shall be
omitted.
(17) Paragraphs (b) and (c) of subsection
(4) of section 12 shall be omitted.
(18) Paragraphs (a) and (c) of subsection
(2) of section 14 shall be omitted.
(19) In paragraph (b) of subsection (2) of
section 14, the words "(3)(c) or
(4)(a)" shall be omitted.
(20) In subsection (3) of section 14, the
words "trust deed" shall be omitted.
(21) Subsections (4), (5) and (7) of section
14 shall be omitted.
(22) Paragraph (b) of subsection (1) of
section 17 shall be omitted.
(23) In section 18, the words "a part of"
(immediately preceding the words
"the United Kingdom") and the
words "Scotland or Northern Ireland"
shall be omitted.
(24) Subsections (2), (3), (4), (5) and (6)
of section 21 shall be omitted.
(25) In sub-paragraph (4)(b) of paragraph
(1) of Schedule 1, the words "or, in
Scotland, an arbitration" shall be
omitted.
(26) Sub-paragraph (5) of paragraph (1) of
Schedule 1 shall be omitted.
(27) In sub-paragraph (4) of paragraph 2
of Schedule 1, the words "or, in
Scotland, to confidentiality as
between client and professional legal
adviser" shall be omitted.
LNDOCS01/861680.12 54
(28) In sub-paragraph (2) of paragraph 3
of Schedule 1, the words "section
388(1) of the Insolvency Act 1986"
shall be substituted by the words
"section [] of the Insolvency
Regulations []" and the words "or
Article 3 of the Insolvency (Northern
Ireland) Order 1989 (SI 1989/2405
NI 19))" shall be omitted.
(29) The words of sub-paragraph 4(a) of
paragraph 3 of Schedule 1 shall be
substituted by the words "section []
of the Insolvency Regulations []".
(30) Sub-paragraph 4(b) of paragraph 3 of
Schedule 1 shall be omitted.
(31) The words of sub-paragraph 4(c) of
paragraph 3 of Schedule 1 shall be
substituted by the words "section []
of the Companies Regulations []".
(32) In sub-paragraph 5(a) of paragraph 3
of Schedule 1, the words "section
1025 of the Companies Act 2006"
shall be substituted by the words
"section [] of the Companies
Regulations []".
(33) In sub-paragraph 5(b) of paragraph 3
of Schedule 1, the words "section
1031 of that Act" shall be substituted
by the words "section [] of the
Companies Regulations []".
(34) In sub-paragraph (1) of paragraph 4
of Schedule 1, the words "Civil
Procedure Rules" shall be substituted
by the words "the Rules of Procedure
of the Court".
(35) Sub-paragraph (2) of paragraph 4 of
Schedule 1 shall be omitted.