The Companies Act 1985 (Power to Enter and Remain on Premises: Procedural) Regulations 2005

Prescribed contents of the written statement given under section 453B(4) or sent under section 453B(5)

2.  The written statement which section 453B(4) requires the inspector or investigator to give to an appropriate recipient (or which section 453B(5), where it applies, requires him to send to the company) must contain the following information—

(a) a statement that the inspector or investigator has been appointed or (as the case may be) authorised by the Secretary of State to carry out an investigation and a reference to the enactment under which that appointment or authorisation was made;

(b) a statement that the inspector or investigator has been authorised by the Secretary of State under section 453A(1) to exercise the powers in that section;

(c) a description of the conditions which are required by section 453A(1) to be satisfied before an inspector or investigator can act under section 453A(2);

(d) a description of the powers in sub-section 453A(2);

(e) a statement that the inspector or investigator must, at the time he seeks to enter premises under section 453A, produce evidence of his identity and evidence of his appointment or authorisation (as the case may be);

(f) a statement that any person accompanying the inspector or investigator when the inspector or investigator seeks to enter the premises must, at that time, produce evidence of his identity;

(g) a statement that entry to premises under section 453A may be refused to an inspector, investigator or other person who fails to produce the evidence referred to (in the case of an inspector or investigator) in paragraph (e) or (in the case of any other person) in paragraph (f);

(h) a statement that the company, occupier and the persons present on the premises may be required by the inspector or investigator, while he is on the premises, to comply with any powers the inspector or investigator may have by virtue of his appointment or authorisation (as the case may be) to require documents or information;

(i) a statement that the inspector or investigator is not permitted to use any force in exercising his powers under section 453A and is not permitted during the course of his visit to search the premises or to seize any document or other thing on the premises;

(j) a description of the effect of section 453C(2) as it relates to a requirement imposed by an inspector or investigator under section 453A;

(k) a statement that it is an offence under section 453A(5) intentionally to obstruct an inspector, investigator or other person lawfully acting under section 453A;

(l) a description of the inspector’s or investigator’s obligations under section 453B(6) and (7) to prepare a written record of the visit and to give a copy of the record, when requested, to the company and any other occupier of the premises; and

(m) information about how any person entitled under section 453B(6) to receive a copy of that record can request it.

(1)

Section 453A was inserted by section 23 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.

(2)

Section 453C was inserted by section 24 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.