Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p8
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 19704–22501

in paragraph (4) (g) "(including the relevant company)" after "another person"; and
     (j) by omitting paragraph (5) (b) and substituting the following paragraph:
         "(b) where the matter to which the reference relates is a take-over offer or take-over announcement relating to shares in a company (including, in a case where the other person is a company, the other person), or the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a corporation (including, in a case where the other person is a corporation, the other person)—a person (including the company or corporation, as the case may be) with whom the other person has, or proposes to enter into, an agreement, arrangement, understanding or undertaking, whether formal or informal and whether express or implied—
             (i) by reason of which the first-mentioned person, or the other person, may exercise, may directly or indirectly control the exercise of, or may substantially influence the exercise of, any voting power attached to a share in the company or corporation, as the case may be;
             (ii) with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the company or corporation, as the case may be;
             (iii) under which the first-mentioned person may acquire from the other person, or the other person may acquire from the first-mentioned person, shares in the company or corporation, as the case may be; or
             (iv) under which the first-mentioned person, or the other person, may be required to dispose of shares in the company or corporation, as the case may be, in accordance with the directions of the other person, or of the first-mentioned person, as the case may be;".

Other interpretative and evidentiary provisions
6. Section 8 of the Principal Act is amended—
     (a) by omitting from sub-section (3) "A" and substituting "Unless the contrary intention appears, a"; and

     (b) by adding at the end the following sub-section:
    "(11) In determining, for the purposes of a provision of this Act, whether or not a person's contravention of such a provision was due—
         (a) to the person's inadvertence or mistake or to the person not being aware of a relevant fact or occurrence; or
         (b) to the person's inadvertence or mistake or to circumstances beyond the person's control,
    the person's ignorance of, or a mistake on the person's part concerning, a matter of law shall be disregarded.".

7. After section 8 of the Principal Act the following section is inserted:

Approved manner of dispatch
"8a. (1) For the purposes of this Act, a person (in this sub-section referred to as the 'relevant person') shall be taken to dispatch a document