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Companies (Audit, Investigations and Community Enterprise) Act 2004
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- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15-15E substituted for s. 15 by S.I. 2008/948 Sch. 1 para. 232(2)
- s. 15D(4)(aa) inserted by S.I. 2012/1439 art. 6(1)
- s. 36-36B substituted for s. 36 by S.I. 2009/1941 Sch. 1 para. 226
- s. 37-37C substituted for s. 37 by S.I. 2009/1941 Sch. 1 para. 227(1)
- s. 38 38A substituted for s. 38 by S.I. 2009/1941 Sch. 1 para. 227(2)
- s. 40A inserted by S.I. 2007/1093 Sch. 4 para. 11
- s. 40A heading substituted by S.I. 2009/1941 Sch. 1 para. 230(2)
- s. 40A(2) words substituted by S.I. 2009/1941 Sch. 1 para. 230(3)(a)
- s. 40A(2) words substituted by S.I. 2009/1941 Sch. 1 para. 230(3)(b)
- s. 54-54C substituted for s. 54 by S.I. 2009/1941 Sch. 1 para. 237(1)(1)
- s. 54C(2)(c) words substituted by 2010 c. 4 Sch. 1 para. 439(2)
- s. 54C(3) words substituted by 2011 c. 25 Sch. 7 para. 98
- s. 54C(3A) inserted by 2010 c. 4 Sch. 1 para. 439(3)
- s. 55 55A substituted for s. 55 by S.I. 2009/1941 Sch. 1 para. 237(2)
Commencement Orders yet to be applied to the Companies (Audit, Investigations and Community Enterprise) Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/3322 art. 2(2) Sch. 2 commences (1989 c. 40 and 2004 c. 27)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/309 art. 2 Sch. commences (2006 c. 50)
- S.I. 2007/1093 art. 2 5 Sch. 2 commences (2006 c. 46)
- S.I. 2007/2194 art. 2(3)(k) art. 3(2)(c) commences (2006 c. 46)
- S.I. 2007/3495 art. 3(5) art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1886 art. 2(d) commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/1802 art. 18 Sch. amendment to earlier commencing SI 2008/2860 Sch. 2 para. 105
Prospective
This section has no associated Explanatory Notes
18For section 449 substitute—E+W+S
“449Provision for security of information obtained
(1)This section applies to information (in whatever form) obtained—
(a)in pursuance of a requirement imposed under section 447;
(b)by means of a relevant disclosure within the meaning of section 448A(2);
(c)by an investigator in consequence of the exercise of his powers under section 453A.
(2)Such information must not be disclosed unless the disclosure—
(a)is made to a person specified in Schedule 15C, or
(b)is of a description specified in Schedule 15D.
(3)The Secretary of State may by order amend Schedules 15C and 15D.
(4)An order under subsection (3) must not—
(a)amend Schedule 15C by specifying a person unless the person exercises functions of a public nature (whether or not he exercises any other function);
(b)amend Schedule 15D by adding or modifying a description of disclosure unless the purpose for which the disclosure is permitted is likely to facilitate the exercise of a function of a public nature.
(5)An order under subsection (3) must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6)A person who discloses any information in contravention of this section—
(a)is guilty of an offence, and
(b)is liable on conviction to imprisonment or a fine or to both.
(7)Sections 732 (restriction on prosecutions), 733 (liability of individuals for corporate default) and 734 (criminal proceedings against unincorporated bodies) apply to the offence under subsection (6).
(8)Any information which may by virtue of this section be disclosed to a person specified in Schedule 15C may be disclosed to any officer or employee of the person.
(9)This section does not prohibit the disclosure of information if the information is or has been available to the public from any other source.
(10)For the purposes of this section, information obtained by an investigator in consequence of the exercise of his powers under section 453A includes information obtained by a person accompanying the investigator in pursuance of subsection (4) of that section in consequence of that person’s accompanying the investigator.
(11)Nothing in this section authorises the making of a disclosure in contravention of the Data Protection Act 1998.”
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