Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p15
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 37255–40008

make the notice available at its registered office for inspection without charge by any member of the company at any time during the remainder of the relevant period in relation to the company, being a time at which the registered office is open and accessible to the public".

Provisions relating to dissenting shareholders
19. Section 42 of the Principal Act is amended by inserting in paragraph (1) (a) "(other than shares to which the offeror was entitled at the time when the first of the offers was made)" after "were made".

Orders where prohibited acquisitions take place
20. Section 45 of the Principal Act is amended by inserting after paragraph (1) (f) the following paragraphs:
      "(fa) an order cancelling a contract, arrangement or offer for or in connection with the acquisition of the shares, or of such of the shares as are specified in the order;
      (fb) an order declaring a contract, arrangement or offer for or in connection with the acquisition of the shares, or of such of the shares as are specified in the order, to be voidable;".

Orders where offers not dispatched pursuant to Part A statement
21. Section 46 of the Principal Act is amended—
     (a) by omitting "is served on a target company" from paragraph (1) (a) and substituting ", being offers relating to shares included in a class of shares in a target company, is served on the company";
     (b) by omitting "in the company" from paragraph (1) (b) and substituting "included in that class"; and
     (c) by omitting paragraph (1) (f) and substituting the following paragraph:
         "(f) an order directing the offeror, within such time as is specified in the order, to dispatch in an approved manner to each holder (other than the offeror) of shares included in that class an offer to which the Part A statement relates.".

Orders to protect interests of certain persons
22. Section 47 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "rights" (first occurring) and substituting "interests"; and
     (b) by inserting after sub-section (1) the following sub-section:
    "(1a) Where an offeror contravenes a condition specified in a consent under section 21 given in relation to an offer made under a take-over scheme, the Court may, on the application of the Commission, the target company in relation to the take-over scheme, or any person affected by the contravention, make such orders as the Court thinks necessary or expedient to protect the interests of a person

    affected by the contravention, including, but without limiting the generality of the foregoing, one or more of the following orders:
             (a) an order directing the offeror to supply to the holders of shares in the target company such information