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Companies (Audit, Investigations and Community Enterprise) Act 2004

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This is the original version (as it was originally enacted).

Part 2Amendments relating to accounts and reports

Companies Act 1985 (c. 6)

5The Companies Act 1985 has effect subject to the following amendments.

6In section 249E(2)(d) (rights to information)—

(a)for “section 389A(1) and (2)” substitute “sections 389A(1) and 389B(1) and (5)”; and

(b)for “the auditors” substitute “an auditor”.

7In section 732(1) and (2)(a) (prosecution by public authorities), after “210,” insert “245E, 245G,”.

8In section 733(1) (offences by body corporate), after “216(3)” insert “, 245E(3), 245G(7)”.

9In section 734(1) (criminal proceedings against unincorporated bodies)—

(a)after “under” insert “section 245E(3), section 245G(7),”; and

(b)omit “section 389A(3) or”.

10(1)Schedule 24 (punishment of offences) is amended as follows.

(2)After the entry relating to section 234(5) insert—

234ZA(6)Making a statement in a directors' report as mentioned in section 234ZA(2) which is false
1.

On indictment

2.

Summary

2 years or a fine; or both

12 months or the statutory maximum; or both

.

(3)After the entry relating to section 241A(10) insert—

245E(3)Using or disclosing tax information in contravention of section 245E(1) or (2)
1.

On indictment

2.

Summary

2 years or a fine; or both

12 months or the statutory maximum; or both

245G(7)Disclosing information in contravention of section 245G(2) and (3)
1.

On indictment

2.

Summary

2 years or a fine; or both

12 months or the statutory maximum; or both

.

(4)For the entries relating to sections 389A(2), 389A(3) and 389A(4) substitute—

389B(1)Person making false, misleading or deceptive statement to auditor
1.

On indictment

2.

Summary

2 years or a fine; or both

12 months or the statutory maximum; or both

389B(2)Failure to provide information or explanations to auditorSummaryLevel 3 on the standard scale
389B(4)Parent company failing to obtain from subsidiary undertaking information for purposes of auditSummaryLevel 3 on the standard scale.

Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))

11The Companies (Northern Ireland) Order 1986 has effect subject to the following amendments.

12In Article 680(1) and (2)(a) (prosecution by public authorities), after “218,” insert “253E,”.

13In Article 680A(1) (offences by bodies corporate), after “224(3),” insert “253E(3),”.

14In Article 680B(1) (criminal proceedings against unincorporated bodies), after “Articles” insert “253E(3),”.

15In Schedule 23 (punishment of offences), after the entry relating to Articles 249(2) and 250(2) insert—

253E(3)Using or disclosing tax information in contravention of Article 253E(1) or (2)
1.

On indictment

2.

Summary

2 years or a fine; or both

3 months or the statutory maximum; or both

.

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