Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p11
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 27578–30259

take-over announcement or a proposed take-over scheme or take-over announcement in relation to shares in the company;
          (viii) an order declaring a contract, arrangement or offer relating to a take-over scheme or take-over announcement or a proposed take-over scheme or take-over announcement in relation to shares in the company to be voidable; and
     (c) for the purpose of securing compliance with any order made pursuant to paragraph (a) or (b), an order directing a person to do or refrain from doing a specified act,
or, instead of making any order, the Court may declare that the conduct was not unacceptable conduct and, where the Court so declares, the declaration of the Commission has no further effect.
"(5) Where the Commission makes a declaration under sub-section (1) or (3) in relation to an acquisition of shares by, or in relation to conduct engaged in by, a person, the Court may, upon an application made by that person, declare that the acquisition of shares or the conduct was not an unacceptable

acquisition or was not unacceptable conduct, as the case may be, and, where the Court so declares, the declaration of the Commission has no further effect.
"(6) Where the Commission makes a declaration under this section, the Commission shall, as soon as practicable—
     (a) cause a copy of the instrument by which the declaration was made to be given to, or served on, any person to whom the declaration relates; and
     (b) cause a copy of that instrument to be published in the Gazette.
"(7) The validity of a declaration under this section is not affected by failure of the Commission to comply with sub-section (6) in relation to the declaration.".

Power of Commission to make certain orders
18. Section 60a of the Principal Act is amended—
     (a) by omitting from sub-section (1) ", (3) or (4)" and substituting "or (3)";
     (b) by omitting from paragraph (9) (b) "or (4)"; and
     (c) by omitting from paragraph (9) (b) "(5)" and substituting "(4)".

Schedule
19. The Schedule to the Principal Act is amended—
     (a) by omitting paragraph 2 (e) of Part B and substituting the following paragraph:
          "(e) where there will or may be made or given to a person who, in relation to the target company, is or, if the target company were a company as defined in sub-section 5 (1) of the Companies Act 1981, would be a prescribed person for the purposes of section 233 of that Act—
              (i) a payment (including a payment by way of damages for breach of contract) or other valuable consideration or any other benefit (not being a payment to which paragraph (e) or (g) of the definition of 'exempt benefit' in sub-section (7)