Document ID: chunk:federal_register_of_legislation:C2004A02380:body:0:p6
Version: federal_register_of_legislation:C2004A02380
Segment Type: other
Provision Reference: 
Character Range: 12227–14970

the requirements of this section and the Commission is of the opinion that the notice does not contain any matter that is false in a material particular or materially misleading in the form and context in which it appears.

"(15) A copy of a notice referred to in sub-section (10) or (11) shall, when dispatched in accordance with paragraph (10) (b) or (11) (b), have endorsed on it a statement that another copy of the notice has been registered by the Commission and that the Commission takes no responsibility as to the contents of the notice and specifying the date on which that other copy was so registered.

"(16) An acquisition of shares pursuant to a take-over offer is not invalid by reason that—
     (a) the offeror has purported to vary the take-over offer in accordance with the requirements of this section but has contravened or failed to comply with a requirement of this section;
     (b) the offeror has purported to vary the take-over offer in accordance with the regulations but has contravened or failed to comply with a requirement of the regulations; or
     (c) the offeror has purported to vary the take-over offer with the consent of the Commission given under sub-section (2) but has contravened or failed to comply with a condition imposed by the Commission under that sub-section.

"(17) Nothing in this section affects the operation of section 19.".

Forecasts of profits
11. Section 37 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

"(3) Nothing in sub-section (1) or (2) applies in relation to a statement that—
     (a) is in writing and is issued with the consent in writing of the Commission and in accordance with such conditions (if any) as are specified by the Commission; or
     (b) is contained in a report that accompanies a Part B statement—
         (i) with the consent in writing of the Commission given under sub-section 23 (2a); and
         (ii) in accordance with such conditions (if any) as are specified by the Commission in the instrument by which that consent is given.".

Statements on asset valuations
12. Section 38 of the Principal Act is amended—
     (a) by omitting paragraphs (a) and (b) of sub-section (2) and substituting the following paragraphs:
          "(a) is in writing and is issued with the consent in writing of the Commission and in accordance with such conditions (if any) as are specified by the Commission; or
          (b) is contained in a report that accompanies a Part B statement—
              (i) with the consent in writing of the Commission given under sub-section 23 (2a); and
              (ii) in accordance with such conditions (if any) as are specified by the Commission in the instrument by