Statutory Instruments
2002 No. 1889
COMPANIES
The Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002
Made
19th July 2002
Laid before Parliament
22nd July 2002
Coming into force
14th August 2002
Title, commencement and interpretation
1. —(1) This Order may be cited as the Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002 and shall come into force on 14th August 2002.
(2) In this Order—
“the 1985 Act” means the Companies Act 1985; and
“the 1989 Act” means the Companies Act 1989.
Designation of the Comptroller and Auditor General for the purposes of section 449(1B) of the 1985 Act; and restriction on disclosure under that section
2. —(1) The Comptroller and Auditor General is designated for the purposes of section 449(1B) of the 1985 Act in relation to his functions under Part 2 of the National Audit Act 1983( 3 ).
(2) But section 449(1B) permits publication or disclosure by virtue of this designation only where the publication or disclosure is made by the National Lottery Commission to the National Audit Office for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination into the economy, efficiency and effectiveness with which the National Lottery Commission has used its resources in discharging its functions under sections 5 to 10 of the National Lottery etc. Act 1993( 4 ).
Addition of the Comptroller and Auditor General to the Table in section 87(4) of the 1989 Act; and restriction on disclosure under section 87(1)(b)
3. —(1) The Table in section 87(4) of the 1989 Act is amended as follows.
(2) After the entry relating to the National Lottery Commission( 5 ) insert the following—
| “ The Comptroller and Auditor General. | Functions under Part 2 of the National Audit Act 1983. ” |
(3) At the end of the Table add the following—
“ Note: Article 3(4) of the Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002 restricts the circumstances in which disclosure for the purpose of enabling or assisting the Comptroller and Auditor General to discharge his relevant functions is permitted. ” .
(4) Disclosure under section 87(1)(b) of the 1989 Act is permitted by virtue of the amendment made by paragraph (2) only where the disclosure is made by the National Lottery Commission to the National Audit Office for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination into the economy, efficiency and effectiveness with which the National Lottery Commission has used its resources in discharging its functions under sections 5 to 10 of the National Lottery etc. Act 1993.
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
19th July 2002
1985 c. 6 ; section 449(1B) and (1C) was inserted by the Financial Services Act 1986, Schedule 13, paragraph 9(2) and section 449(1B) was amended by the Companies Act 1989, section 65(4).
1993 c. 39 ; by virtue of the National Lottery Act 1998 (c. 22) , Schedule 1, paragraphs 1 and 4, sections 5 to 10 of the National Lottery etc. Act 1993 have effect as if references to the Director General of the National Lottery were references to the National Lottery Commission.
An entry relating to the Director General of the National Lottery was added to the Table in section 87(4) of the Companies Act 1989 by S.I. 1994/340 . By virtue of the National Lottery Act 1998, Schedule 1, paragraphs 1 and 4, section 87(4) has effect as if the reference to the Director General were a reference to the National Lottery Commission.