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Companies Act 1989

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This is the original version (as it was originally enacted).

76Entry and search of premises

(1)Section 199 of the [1986 c. 60.] Financial Services Act 1986 (powers of entry) is amended as follows.

(2)For subsections (1) and (2) substitute—

(1)A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Secretary of State that there are reasonable grounds for believing that an offence has been committed—

(a)under section 4, 47, 57, 130, 133 or 171(2) or (3) above, or

(b)section 1, 2, 4 or 5 of the Company Securities (Insider Dealing) Act 1985,

and that there are on any premises documents relevant to the question whether that offence has been committed.

(2)A justice of the peace may also issue a warrant under this section if satisfied on information on oath given by or on behalf of the Secretary of State, or by a person appointed or authorised to exercise powers under section 94, 106 or 177 above, that there are reasonable grounds for believing that there are on any premises documents whose production has been required under section 94, 105 or 177 above and which have not been produced in compliance with the requirement..

(3)In subsection (3)(b) for “subsection (1)(a) or (b)” substitute “subsection (1)”.

(4)In subsection (5) (period for which documents may be retained), for paragraph (b) substitute—

(b)if within that period proceedings to which the documents are relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings..

(5)In subsection (6) (offences) after “Any person who” insert “intentionally”.

(6)In subsection (7) for “subsection (1)(a) above” substitute “subsection (1) above”.

(7)For subsection (8) substitute—

(8)In the application of this section to Scotland for the references to a justice of the peace substitute references to a justice of the peace or a sheriff, and for the references to information on oath substitute references to evidence on oath..

(8)In subsection (9) (definition of “documents”), omit the words from “and, in relation” to the end.

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