C3C2Part 36Offences under the Companies Acts F11and financial penalties

Annotations:
Amendments (Textual)
F11

Words in Pt. 36 heading inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 104(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(z41)

Modifications etc. (not altering text)
C3

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

General provisions

I1C41126C1Consents required for certain prosecutions

1

This section applies to proceedings for an offence under any of the following provisions—

  • section 458, 460 or 949 of this Act (offences of unauthorised disclosure of information);

  • section 953 of this Act (failure to comply with rules about takeover bid documents);

  • section 448, 449, 450, 451 or 453A of the Companies Act 1985 (c. 6) (offences in connection with company investigations);

  • section 798 of this Act or section 455 of the Companies Act 1985 (offence of attempting to evade restrictions on shares).

  • F8section 1112 or 1112A of this Act (false statement offences);

  • F2paragraph 5 or 6 of Schedule 1B to this Act (breach of certain restrictions imposed under that Schedule)

2

No such proceedings are to be brought in England and Wales except by or with the consent of—

a

in the case of an offence under—

i

section 458, 460 or 949 of this Act,

ii

section 953 of this Act, F6...

iii

section 448, 449, 450, 451 or 453A of the Companies Act 1985, F1or

iv

section 1112 F9or 1112A of this Act,

the Secretary of State or the Director of Public Prosecutions;

b

in the case of an offence under section 798 of F3, or paragraph 5 or 6 of Schedule 1B to, this Act or section 455 of the Companies Act 1985, the Secretary of State.

3

No such proceedings are to be brought in Northern Ireland except by or with the consent of—

a

in the case of an offence under—

i

section 458, 460 or 949 of this Act,

ii

section 953 of this Act, F7...

iii

section 448, 449, 450, 451 or 453A of the Companies Act 1985, F4or

iv

section 1112 F10or 1112A of this Act,

the Secretary of State or the Director of Public Prosecutions for Northern Ireland;

b

in the case of an offence under section 798 of F5, or paragraph 5 or 6 of Schedule 1B to, this Act or section 455 of the Companies Act 1985, the Secretary of State.