Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p20
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 49442–52168

office in relation to the target company; or
             (ii) a prescribed benefit will or may be given to a prescribed person in relation to the target company in connection with the transfer of the whole or any part of the undertaking or property of the target company,
           particulars with respect to the prescribed benefit, including—
             (iii) in the case of a prescribed benefit that is a payment—the amount of the payment; or
             (iv) in any other case—the money value of the prescribed benefit;";
     (b) by adding at the end of Part B the following clause:

         "3. For the purposes of paragraph 2 (e) and of this clause—
         (a) sub-sections 233 (6), (6a) and (7) of the Companies Act 1981 apply as if that paragraph and this clause were provisions of section 233 of that Act and a reference in those sub-sections to a company were a reference to the target company; and
         (b) a reference to an excluded benefit is a reference to a prescribed benefit—
             (i) in relation to the giving of which sub-section 233 (2a) of that Act would apply; or
             (ii) that is a payment in relation to which paragraph (f) of the definition of 'exempt benefit' in sub-section 233 (7) of that Act would apply,
        if a reference in sub-section 233 (2a) of that Act, or in that definition, as the case may be, to a company were a reference to the target company.";
     (c) by omitting paragraph 2 (e) of Part D and substituting the following paragraph:
         "(e) where—
             (i) a prescribed benefit (not being an excluded benefit) will or may be given to a person in connection with the retirement of a person from a prescribed office in relation to the target company; or
             (ii) a prescribed benefit will or may be given to a prescribed person in relation to the target company in connection with the transfer of the whole or any part of the undertaking or property of the target company,
             particulars with respect to the prescribed benefit, including—
             (iii) in the case of a prescribed benefit that is a payment—the amount of the payment; or
             (iv) in any other case—the money value of the prescribed benefit;"; and
     (d) by adding at the end of Part D the following clause:
         "3. For the purposes of paragraph 2 (e) and of this clause—
         (a) sub-sections 233 (6), (6a) and (7) of the Companies Act 1981 apply as if that paragraph and this clause were provisions of section 233 of that Act and a reference in those sub-sections to a company were a reference to the target company; and
         (b) a reference to an excluded benefit is a reference to a prescribed benefit—
             (i)