66

Telecommunications Act 1984

c. 12

PART

V

conditions are(a) that a copy of the prospectus has been delivered to the
registrar of companies in pursuance of section 41 of the
said Act of 1948 ; and
(b) that arrangements have been made with a view to

(3) The said

securing(i) that on or before the date of receipt of the
form of application by a member of the public a
copy of the prospectus is published in not less than
four national newspapers ; and
(ii) that on that date copies of the prospectus are
generally available in the United Kingdom for
inspection by members of the public.
(4) Where a form of application is issued without a full prospectus but with a notice given by the Secretary of State under

subsection (2) above, then, for the purposes of any enactment or
any rule of law(a) the notice shall be taken to have incorporated the offer
prospectus ; and
(b) any application for the shares or debentures which is
made in pursuance of the notice shall be taken to have
been made in pursuance of that prospectus.

1958 c. 45.
1940 c. 9

(N.I.).

Application of
Trustee
Investments
Act 1961 in
investment in
the successor
company.
1961 c. 62.

(5) Where a form of application is issued without a full prospectus, neither the form of application nor any document
which is issued with it shall be regarded(a) as a prospectus for the purposes of sections 37 to 46 of
the said Act of 1948 (prospectus requirements) ; or
(b) as a circular for the purposes of section 14 of the Prevention of Fraud (Investments) Act 1958 or section 13
of the Prevention of Fraud (Investments) Act (Northern
Ireland) 1940 (circulars relating to investments),
but only, where the form of application is issued without a notice
given by the Secretary of State under subsection (2) above, for
the purpose of determining the liability of persons other than
the Secretary of State.

71.-M

For the purpose of applying paragraph 3(b) of Part
Schedule 1 to the Trustee Investments Act 1961 (which
provides that shares and debentures of a company shall not
count as wider-range and narrower-range investments respectively
within the meaning of that Act unless the company has paid
dividends in each of the five years immediately preceding that in
which the investment is made) in relation to investment in shares
or debentures of the successor company during the calendar
year in which the transfer date falls (" the first investment
year ") or during any year following that year, the successor

IV of

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