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Companies Act 2006

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This is the original version (as it was originally enacted).

1126Consents required for certain prosecutions

This section has no associated Explanatory Notes

(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).

(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, or

(iii)section 448, 449, 450, 451 or 453A of the Companies Act 1985,

the Secretary of State or the Director of Public Prosecutions;

(b)in the case of an offence under section 798 of 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, or

(iii)section 448, 449, 450, 451 or 453A of the Companies Act 1985,

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

(b)in the case of an offence under section 798 of this Act or section 455 of the Companies Act 1985, the Secretary of State.

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