Further to our statement after the deadline for replies had passed, we can confirm responses were received in respect of 42 of the 47 shareholders who were contacted. Of these 42, one shareholder is now deceased, two disclosed an interest of their children in the shares, one parent responded on behalf of a child and the remainder did not disclose any interest of any other person in their shares.
We can also confirm that we are chasing responses from the five remaining shareholders and are taking legal advice as to what action, if any, to take.
As mentioned in our statement made on 7 April 2013, CPO has entered the section 793 replies into a register (the "Register") in accordance with section 808 of the Companies Act 2006 (the "Act") which is available for inspection in accordance with the Act.
The Register is kept at CPO's registered office, which is at the First Floor, Unit 7, Waterside Trading Estate, Hamm Moor Lane, Weybridge, Surrey KT15 2SN.
Making a request to inspect the Register
Should you wish to inspect the Register you must make a request in writing addressed to the Company Secretary by one of the following methods:
(a)By hand:To the Company Secretary, Chelsea Pitch Owners PLC, First Floor, Unit 7, Waterside Trading Estate, Hamm Moor Lane, Weybridge, Surrey KT15 2SN.
(b)By post:To the Company Secretary, Chelsea Pitch Owners PLC, First Floor, Unit 7, Waterside Trading Estate, Hamm Moor Lane, Weybridge, Surrey KT15 2SN.
(c)By email:By emailing your request to: [email protected] enter "Chelsea Pitch Owners PLC - Request to Inspect the Register of Section 793 Responses" in the email subject box.
In accordance with section 811 of the Act, you must include all of the following information in your request:(a) your name and address;(b) (if you are making a request on behalf of an organisation) your name and address as well as the identity of the organisation you are making a request on behalf of;(c) the purpose for which the information is to be used (the "Purpose"); and(d) whether the information will be disclosed to another person, if so:(i) if that person is an individual, his name and address;(ii) if that person is an organisation, the name and address of an individual responsible for making the request on behalf of the organisation; and(iii) the Purpose for which that other person will use the information.
CPO cannot consider a request unless the request contains all the information referred to above.
In compliance with section 812 of the Act, CPO must only comply with a request if it can be satisfied that the Purpose is a proper one. An example of a "proper" Purpose would be if you were seeking to use the information to decide whether or not to buy more CPO shares.
A Purpose will never be considered "proper" if, amongst other things, it is unlawful (e.g. to abuse someone's rights under data protection laws), or if it is for a representation or communication to CPO member(s) which CPO considers would threaten, harass or intimidate CPO member(s), or would otherwise be an unwarranted misuse of a CPO member's personal information. (This therefore includes the disclosing onto websites or other public domains of a CPO member's details obtained from inspection of the Register).
CPO strongly condemns any form of threat, harassment or intimidation by any persons towards its members.
CPO reserves the right to attach conditions to its acceptance of any requests made in circumstances which it deems necessary or appropriate (e.g. in order to reduce the risk of any CPO member's rights being violated).
CPO will inform you if your request is refused, will provide you its reason for refusal and will aim to do so within five working days. You will however not be prevented from submitting a new request to CPO to inspect the Register as CPO will consider each request (and the Purpose stated in each request) on its own merits.
You may commit a criminal offence and face up to two years in prison and/or a fine if you knowingly or recklessly make a statement in a request which is misleading, false or deceptive in a material particular.It is also a criminal offence if you are in possession of information obtained from inspection of the Register and you:
(a) do anything that results in the information being disclosed to another person; or(b) fail to do anything with the result that the information is disclosed to another person, knowing, or having reason to suspect, that person may use the information for a Purpose that is not a proper one.
May we stress that any information obtained on inspection of the Register must not be used (or permitted to be used) in a way which may result in any direct or indirect threat, harassment or intimidation of any person, or which may result in any person's rights to privacy being abused. Should you have any uncertainty about any of the above, you are strongly advised to seek independent legal advice before submitting your request.