The European Grouping of Territorial Cooperation Regulations 2007

Publication Date:January 01, 2007

2007No. 1949

EUROPEAN COMMUNITIES

The European Grouping of Territorial Cooperation Regulations 2007

9thJuly2007

10thJuly2007

1stAugust2007

The Secretary of State is a Minister designated 1 for the purposes of section 2(2) of the European Communities Act 1972 2 in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.

PART 1

GENERAL

Citation and commencement

1.-

(1) These Regulations may be cited as the European Grouping of Territorial Cooperation Regulations 2007.

(2) These Regulations come into force on 1st August 2007.

Interpretation

2.-

(1) In these Regulations-

"the 1985 Act" means the Companies Act 1985 3;

"the 1986 Act" means the Insolvency Act 1986 4;

"the 1989 Order" means the Insolvency (Northern Ireland) Order 1989 5;

"the EC Regulation" means Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European grouping of territorial cooperation 6;

"EGTC" means a European grouping of territorial cooperation formed under the EC Regulation;

"the Insolvency Rules" means in the case of a UK EGTC with its registered office in England and Wales the Insolvency Rules 1986 7, in the case of a UK EGTC with its registered office in Scotland the Insolvency (Scotland) Rules 1986 8, or in the case of a UK EGTC with its registered office in Northern Ireland the Insolvency Rules (Northern Ireland) 1991 9;

"UK EGTC" means an EGTC which has its registered office in the United Kingdom.

(2) In any provision of an enactment applied to a UK EGTC by virtue of these Regulations-

"articles" means the statutes of a UK EGTC;

"board of directors" means the assembly of a UK EGTC, and all the directors of a UK EGTC if more than one, and if only one, the director of a UK EGTC ;

"company" means a UK EGTC;

"director" or "past director" of a company means a director or former director of a UK EGTC, a member or former member of the assembly of a UK EGTC or any other person who has or has had control of management of a UK EGTC's business;

"officer" means a director or a member of the assembly of a UK EGTC, or a member of any other organ of a UK EGTC provided for in its statutes;

"registered office" means the office specified in the convention of an EGTC to be its registered office;

"ordinary resolution", "written resolution" and "general meeting" mean the procedures of a UK EGTC set out in its statutes which most closely correspond to those things as provided for in the 1985 Act,

and other expressions used in these Regulations and defined by section 744 of the 1985 Act or, in relation to insolvency, by the 1986 Act or the 1989 Order have the meanings assigned to them by those provisions.

PART 2

PROVISIONS RELATING TO ARTICLES 4, 5, 11, 12, 13 and 14 OF THE EC REGULATION

Establishment of an EGTC (Article 4(3) of the EC Regulation)

3.A body falling within one of the categories set out in Article 3(1) of the EC Regulation which by virtue of any enactment is restricted in its ability to be a member of a company shall be restricted to the same extent in its ability to be a member of an EGTC.

Acquisition of legal personality (Article 5(1) of the EC Regulation)

4.-

(1) For the purposes of Article 5(1) of the EC Regulation the statutes referred to in article 9 of the EC Regulation shall be published-

(a) in the case of a UK EGTC with a registered office in England and Wales, in the London Gazette;(b) in the case of a UK EGTC with a registered office in Scotland, in the Edinburgh Gazette;(c) in the case of a UK EGTC with a registered office in Northern Ireland, in the Belfast Gazette.

(2) This regulation is subject to regulation 8.

Competent authority and court (Articles 4(4), 13(1) and 14(1) of the EC Regulation)

5.-

(1) The Secretary of State shall be the competent authority for the purpose of receiving the notifications and documents under article 4(2) of the EC Regulation.

(2) The Secretary of State shall be the competent body for the purpose of prohibiting under article 13 of the EC Regulation any activity carried on in the United Kingdom by an EGTC where such an activity is in contravention of any enactment or rule of law providing for public policy, public security, public health or public morality, or in contravention of the public interest of the United Kingdom.

(3) The High Court (in Scotland, the Court of Session) shall be the competent court for the purpose of ordering the winding up of a UK EGTC under article 14(1).

Budget (Article 11 of the EC Regulation)

6.-

(1) Subject to paragraph (2) a UK EGTC shall comply with Part 7 of the Companies Act 1985 10 (accounts and audit), as modified by Part 1 of the Schedule to these Regulations, as if it were a company which qualifies as a small company under section 247 of that Act and is not an ineligible company under section 247A.

(2) A UK EGTC does not have to comply with the requirements in Part 7 to deliver accounts and reports to the registrar.

(3) A UK EGTC shall-

(a) make its latest accounts available for inspection at its registered office by any person, without charge and during business hours;(b) supply a copy of those accounts to any person on request at a price not exceeding the administrative cost of making and supplying the copy.

(4) The members of a UK EGTC shall appoint an auditor in accordance with the decision-making procedures contained in the statutes of that UK EGTC.

(5) The auditor of a UK EGTC must be a person who is eligible for appointment as a company auditor under section 25 of...

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