Mental Health (Discrimination) Act 2013 - Changes to the Model Articles of Right to Manage Companies

On 28 February 2013 the Mental Health (Discrimination) (No 2) Bill received Royal Assent. The purpose of the Bill is to deal with matters relating to discrimination associated with mental illness.

From 28th April 2013 the model articles for Right to Manage (RTM) companies will be amended to delete the provisions for terminating a company director’s appointment on the grounds of mental health.

The model articles of association are applied to the RTM company by default at the time of incorporation if it does not supply its own articles, or to the extent that they are not excluded or modified in any articles that the company supplies.

In particular, the following provisions are revoked:

1. Paragraph 23(e) of the Schedule to the RTM Companies (Model Articles) (England) Regulations 2009; and

2. Schedule1, paragraph 23(e) and Schedule 2, paragraph 23(d) of the RTM Companies (Model Articles) (Wales) Regulations) 2011.

For more information on how this may affect your company, please contact:-

Yashmin Mistry

Partner

JPC Law

mailto:ymistry@jpclaw.co.uk

t. 020 7644 7294