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Companies Act 1989

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This is the original version (as it was originally enacted).

83Power to require information, documents or other assistance

(1)The following powers may be exercised in accordance with section 82, if the Secretary of State considers there is good reason for their exercise.

(2)The Secretary of State may require any person—

(a)to attend before him at a specified time and place and answer questions or otherwise furnish information with respect to any matter relevant to the inquiries,

(b)to produce at a specified time and place any specified documents which appear to the Secretary of State to relate to any matter relevant to the inquiries, and

(c)otherwise to give him such assistance in connection with the inquiries as he is reasonably able to give.

(3)The Secretary of State may examine a person on oath and may administer an oath accordingly.

(4)Where documents are produced the Secretary of State may take copies or extracts from them.

(5)A person shall not under this section be required to disclose information or produce a document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court or on grounds of confidentiality as between client and professional legal adviser in proceedings in the Court of Session, except that a lawyer may be required to furnish the name and address of his client.

(6)A statement by a person in compliance with a requirement imposed under this section may be used in evidence against him.

(7)Where a person claims a lien on a document, its production under this section is without prejudice to his lien.

(8)In this section “documents” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of it in legible form.

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