C1 Part XII Insolvency of employers
190 Power to obtain information.
1
Where an application is made to the Secretary of State under section 182 in respect of a debt owed by an employer, the Secretary of State may require—
a
the employer to provide him with such information as he may reasonably require for the purpose of determining whether the application is well-founded, and
b
any person having the custody or control of any relevant records or other documents to produce for examination on behalf of the Secretary of State any such document in that person’s custody or under his control which is of such a description as the Secretary of State may require.
2
Any such requirement—
a
shall be made by notice in writing given to the person on whom the requirement is imposed, and
b
may be varied or revoked by a subsequent notice so given.
3
If a person refuses or wilfully neglects to furnish any information or produce any document which he has been required to furnish or produce by a notice under this section he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If a person, in purporting to comply with a requirement of a notice under this section, knowingly or recklessly makes any false statement he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Where an offence under this section committed by a body corporate is proved—
a
to have been committed with the consent or connivance of, or
b
to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
6
Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Pt. 12 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 8