The Companies (No. 2) (Northern Ireland) Order 1990

Department’s power to require production of documents

11.—(1) Article 440 of the Companies Order (power of Department to require production of documents) is amended as follows.

(2) Omit paragraph (1) (bodies in relation to which powers exercisable), and—

(a) in paragraphs (2) and (3) for “any such body” substitute “a company”,

(b) in paragraphs (4) and (5) for “any body” and “a body” substitute “a company”, and

(c) in paragraphs (5) and (6) for “the body” substitute “the company”.

(3) For “books or papers”, wherever occurring, substitute “documents”.

(4) In paragraph (3) (power to authorise officer to require production of documents) after “an officer of the Department” insert “or any other competent person” and for “the officer” substitute “he”.

(5) In paragraph (4) (power to require production of documents in possession of third party) after “an officer of the Department” and after “the officer” (twice) insert “or other person”.

(6) In paragraph (6), for the second sentence substitute—

• “Articles 680 (restriction on prosecutions), 680A (liability of individuals for corporate default) and 680B (criminal proceedings against unincorporated bodies) apply to this offence.”.

(7) After paragraph (8) insert—

“(9) In this Article “documents” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of it in legible form.”.

(8) In Schedule 23 to the Companies Order (punishment of offences), in the entry relating to Article 440(6), for “books and papers” substitute “documents”.