PART IIINVESTIGATIONS AND POWERS TO OBTAIN INFORMATION
Amendments of the Companies Order
Production of documents and evidence to inspectors4
1
Article 427 of the Companies Order (production of documents and evidence to inspectors) is amended as follows.
2
In paragraph (1) (duty of officers to assist inspectors), for “books and documents” substitute “documents”.
3
For paragraph (2) (power to require production of documents, attendance or other assistance) substitute—
2
If the inspectors consider that an officer or agent of the company or other body corporate, or any other person, is or may be in possession of information relating to a matter which they believe to be relevant to the investigation, they may require him—
a
to produce to them any documents in his custody or power relating to that matter,
b
to attend before them, and
c
otherwise to give them all assistance in connection with the investigation which he is reasonably able to give;
and it is that person’s duty to comply with the requirement.
4
For paragraph (3) (power to examine on oath) substitute—
3
An inspector may for the purposes of the investigation examine any person on oath, and may administer an oath accordingly.
5
After paragraph (5) insert—
6
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 the information in legible form.
6
In Article 429 of the Companies Order (obstruction of inspectors treated as contempt of court), for paragraphs (1) and (2) substitute—
1
If any person—
a
fails to comply with Article 427(1)(a) or (c),
b
refuses to comply with a requirement under Article 427(1)(b) or (2), or
c
refuses to answer any question put to him by the inspectors for the purposes of the investigation,
the inspectors may certify that fact in writing to the court.