64
Telecommunications Act 1984
c. 12
PART
V
group during any period, those powers shall be exercisable in
the national interest notwithstanding any rule of law and the
provisions of any enactment.
(2) For the purposes of this section any alteration of the
articles of association of the successor company which(a) has the effect of conferring or extending any such power
as is mentioned in subsection (1) above ; and
(b) is made at a time when that company has ceased to be
wholly owned by the Crown,
shall be disregarded.
(3) In this section " group " means the successor company
and all of its subsidiaries taken together.
Liability of
Secretary of
State in respect
of liabilities
vesting in
successor
company.
1948 c. 38.
68.-(1) This section applies whereresolution has been passed, in accordance with the
Companies Act 1948, for the voluntary winding up of
the successor company, otherwise than merely for the
purpose of reconstruction or amalgamation with another
(a) a
company ; or
(b) without any such resolution having been passed beforehand, an order has been made for the winding up of
the successor company by the court under that Act.
(2) The Secretary of State shall become liable on the commencement of the winding up to discharge any outstanding
liability of the successor company which vested in that company
by virtue of section 60 above.
(3) Any sums required by the Secretary of State for discharging any liability imposed on him by this section shall be paid out
of money provided by Parliament.
(4) Where the Secretary of State makes a payment to any
person in discharge of what appears to him to be a liability
imposed on him by this section, he shall thereupon become a
creditor of the successor company to the extent of the amount
paid, his claim being treated for the purposes of the winding up
as a claim in respect of the original liability.
(5) Any sums received by the Secretary of State in respect
of any claim made by virtue of subsection (4) above in the
winding up of the successor company shall be paid into the Con-
solidated Fund.
(6) The reference in subsection (2) above to the commencement
of the winding up is a reference(a) in a case within subsection (1)(a) above, to the passing
of the resolution ; and