Part 32Company investigations: amendments

1037Power to obtain information from former inspectors etc

1

After section 446D of the Companies Act 1985 (c. 6) (inserted by section 1036 above) insert—

Power to obtain information from former inspectors etc

446EObtaining information from former inspectors etc

1

This section applies to a person who was appointed as an inspector under this Part—

a

who has resigned, or

b

whose appointment has been revoked.

2

This section also applies to an inspector to whom the Secretary of State has given a direction under section 446B (termination of investigation).

3

The Secretary of State may direct a person to whom this section applies to produce documents obtained or generated by that person during the course of his investigation to—

a

the Secretary of State, or

b

an inspector appointed under this Part.

4

The power under subsection (3) to require production of a document includes power, in the case of a document not in hard copy form, to require the production of a copy of the document—

a

in hard copy form, or

b

in a form from which a hard copy can be readily obtained.

5

The Secretary of State may take copies of or extracts from a document produced in pursuance of this section.

6

The Secretary of State may direct a person to whom this section applies to inform him of any matters that came to that person’s knowledge as a result of his investigation.

7

A person shall comply with any direction given to him under this section.

8

In this section—

a

references to the investigation of a former inspector or inspector include any investigation he conducted under section 433(1) (power to investigate affairs of holding company or subsidiary), and

b

“document” includes information recorded in any form.

2

In section 451A of that Act (disclosure of information by Secretary of State or inspector), in subsection (1)(a) for “446” substitute “446E”.

3

In section 452(1) of that Act (privileged information) for “446” substitute “446E”.