Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p7
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 17511–20409

of the functions attaching to the expert's professional capacity or to the expert's business relationship with the relevant offeror, the company or the relevant associate;
     (b) particulars of any pecuniary or other interest of the expert that could reasonably be regarded as being capable of affecting the expert's ability to give an unbiased opinion in relation to the proposed terms; and
     (c) particulars of—
          (i) any fee; and
          (ii) any pecuniary or other benefit, whether direct or indirect,
    that the expert has received or will or may receive for or in connection with the making of the report.".

Liability for mis-statements
10. Section 44 of the Principal Act is amended—
     (a) by omitting from paragraph (7) (b) "section" and substituting "sub-section"; and
     (b) by inserting in sub-paragraph (7) (b) (ii) "with or" after "dispatched,".

Orders where prohibited acquisitions take place
11. Section 45 of the Principal Act is amended—
     (a) by inserting in sub-section (1) "such order or orders as it thinks fit, including, but without limiting the generality of the foregoing," after "make" (first occurring);

     (b) by inserting after paragraph (1) (d) the following paragraph:
          "(da) an order vesting in the Commission—
              (i) the shares, or such of the shares as are specified in the order; or
              (ii) any interest in the shares, or in such of the shares as are specified in the order;"; and
     (c) by omitting from sub-section (3) "restraining the exercise of voting rights" and substituting "referred to in paragraph (1) (b) or (f)".

Orders where offers not dispatched pursuant to Part A statement
12. Section 46 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "do either or both of the following:" and substituting "make such order or orders as it thinks fit, including, but without limiting the generality of the foregoing—";
     (b) by omitting from paragraph (1) (e) "make";
     (c) by adding at the end of paragraph (1) (e) "and"; and
     (d) by omitting from paragraph (1) (f) "order" (first occurring) and substituting "an order directing".

Orders to protect rights under take-over schemes or announcements
13. Section 47 of the Principal Act is amended by inserting after paragraph (1) (e) the following paragraph:
     "(ea) an order vesting in the Commission shares, or any interest in shares, in the target company;".

Miscellaneous provisions relating to orders
14. Section 49 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) The Court shall not make an order under section 45, 46, 47, 48, 57 or 60 if it is satisfied that the order would unfairly prejudice any person."; and
     (b) by omitting sub-sections (6) and (6a) and substituting the following sub-section:
     "(6) Where a share