C4Part XIVInvestigation of Companies and Their Affairs; Requisition of Documents

Annotations:
Modifications etc. (not altering text)
C4

Pt. 14 power to apply (with modifications) (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

Appointment and functions of inspectors

C1C2C3439 Expenses of investigating a company’s affairs.

F11

The expenses of an investigation under any of the powers conferred by this Part shall be defrayed in the first instance by the Secretary of State, but he may recover those expenses from the persons liable in accordance with this section.

There shall be treated as expenses of the investigation, in particular, such reasonable sums as the Secretary of State may determine in respect of general staff costs and overheads.

2

A person who is convicted on a prosecution instituted as a result of the investigation F2. . . may in the same proceedings be ordered to pay those expenses to such extent as may be specified in the order.

3

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A body corporate dealt with by F4an inspectors’ report, where the inspectors were appointed otherwise than of the Secretary of State’s own motion, is liable except where it was the applicant for the investigation, and except so far as the Secretary of State otherwise directs.

F55

Where inspectors were appointed—

a

under section 431, or

b

on an application under section 442(3),

the applicant or applicants for the investigation is or are liable to such extent (if any) as the Secretary of State may direct.

6

The report of inspectors appointed otherwise than of the Secretary of State’s own motion may, if they think fit, and shall if the Secretary of State so directs, include a recommendation as to the directions (if any) which they think appropriate, in the light of their investigation, to be given under subsection (4) or (5) of this section.

7

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

Any liability to repay the Secretary of State imposed by F7subsection (2) above is (subject to satisfaction of his right to repayment) a liability also to indemnify all persons against liability under subsections (4) and (5)F8. . . .

9

A person liable under any one of those subsections is entitled to contribution from any other person liable under the same subsection, according to the amount of their respective liabilities under it.

10

Expenses to be defrayed by the Secretary of State under this section shall, so far as not recovered under it, be paid out of money provided by Parliament.