Group companies - Companies Act 2006 (2)

Further to the last post (see below) on the effect on the 1954 Act of the Companies Act 2006 changes, there is, in fact, no need to rely on section 1297(5) Companies Act 2006 to effect a change to section 42 (etc) of the 1954 Act. Paragraph 7 of Schedule 1 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (SI 2009/1941) deals specifically with the group company provisions of the 1954 Act. In paragraph 7, it is provided as follows:

“In section 46(2) of the Landlord and Tenant Act 1954: (a) in the definition of “company” for “section 735 of the Companies Act 1985” substitute “section 1(1) of the Companies Act 2006”;
(b) in the definition of “subsidiary” for “section 736 of that Act” substitute “section 1159 of that Act”. Thanks to Michael Callaghan of Eversheds LLP for pointing this out.