Part XIV Investigation of Companies and Their Affairs; Requisition of Documents

Requisition and seizure of books and papers

C2C3449 Provision for security of information obtained. C1

C41

No information or document relating to a F1company which has been obtained under section 447 . . . F2 shall, without the previous consent in writing of that F1company, be published or disclosed, except to a competent authority, unless the publication or disclosure is required—

F3a

with a view to the institution of or otherwise for the purposes of criminal proceedings;

F4ba

with a view to the institution of, or otherwise for the purposes of, any proceedings on an application under F5section 6, 7 or 8 of the Company Directors Disqualification Act 1986,

F6c

for the purposes of enabling or assisting any inspector appointed under this Part F7. . . to discharge his functions;

F8cc

for the purpose of enabling or assisting any person authorised to exercise powers F9section 447 of this Act or section 84 of the Companies Act 1989 to discharge his functions;

F10cd

for the purposes of enabling or assisting a person appointed under—

i

section 167 of the Financial Services and Markets Act 2000 (general investigations),

ii

section 168 of that Act (investigations in particular cases),

iii

section 169(1)(b) of that Act (investigation in support of overseas regulator),

iv

section 284 of that Act (investigations into affairs of certain collective investment schemes), or

v

regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),

to conduct an investigation to discharge his functions;

F11d

for the purpose of enabling or assisting the F12Secretary of State or the Treasury to exercise any of their functions under this Act, the F13insider dealing legislation, F14the Prevention of Fraud (Investments) Act M11958, F15. . . the Insolvency Act M21986, the Company Directors Disqualification Act M31986, F16, Part 2, 3 or 7 of the Companies Act 1989 or the Financial Services and Markets Act 2000;.

F11dd

for the purpose of enabling or assisting the Department of Economic Development for Northern Ireland to exercise any powers conferred on it by the enactments relating to companies or insolvency or for the purpose of enabling or assisting any inspector appointed by it under the enactments relating to companies to discharge his functions

F17de

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17df

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18dg

for the purpose of enabling or assisting the Occupational Pensions Regulatory Authority to discharge their functions under the Pension Schemes Act 1993 or the Pensions Act 1995 or any enactment in force in Northern Ireland corresponding to either of them,

e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19f

for the purpose of enabling or assisting the Bank of England to discharge its functions,

F19fa

for the purposes of enabling or assisting the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986, under Part 7 of the Companies Act 1989 or under the Financial Services and Markets Act 2000;

F19fb

for the purposes of enabling or assisting the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;

F19g

for the purposes of enabling or assisting a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (compensation scheme manager) to discharge its functions;

F19h

for the purposes of any proceedings before the Financial Services Tribunal by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;

F19ha

with a view to the institution of, or otherwise for the purposes of, proceedings before the Financial Services and Markets Tribunal;

F19hb

for the purpose of enabling or assisting a recognised investment exchange or a recognised clearing house to discharge its functions as such;

F19hc

for the purpose of enabling or assisting a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designated professional bodies) to discharge its functions in its capacity as a body designated under that section;

F20hh

for the purpose of enabling or assisting a body established by order under section 46 of the Companies Act 1989 to discharge its functions under Part II of that Act, or of enabling or assisting a recognised supervisory or qualifying body within the meaning of that Part to discharge its functions as such;

F21i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

k

for the purpose of enabling or assisting an official receiver to discharge his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a body which is for the time being a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to discharge its functions as such,

l

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by a solicitor, auditor, accountant, valuer or actuary of his professional duties,

F23ll

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the discharge by a public servant of his duties;

F24m

for the purpose of enabling or assisting an overseas regulatory authority to exercise its regulatory functions.

F25F26C51A

In subsection (1)—

F27aa

in paragraph (hb) “recognised investment exchange” and “recognised clearing house” has the same meaning as in section 285 of the Financial Services and Markets Act 2000;

a

in paragraph (ll) “public servant” means an officer or servant of the Crown or of any public or other authority for the time being designated for the purposes of that paragraph by the Secretary of State by order made by statutory instrument; and

b

in paragraph (m) “overseas regulatory authority” and “regulatory functions” have the same meaning as in section 82 of the Companies Act 1989.

C61B

Subject to subsection (1C), subsection (1) shall not preclude publication or disclosure for the purpose of enabling or assisting any public or other authority for the time being F28designated for the purposes of this subsection by the Secretary of State by an order in a statutory instrument to discharge any functions which are specified in the order.

1C

An order under subsection (1B) designating an authority for the purpose of that subsection may—

a

impose conditions subject to which the publication or disclosure of any information or document is permitted by that subsection; and

b

otherwise restrict the circumstances in which that subsection permits publication or disclosure.

F291D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

A person who publishes or discloses any information or document in contravention of this section is guilty of an offence and liable to imprisonment or a fine, or both.

F30Sections 732 (restriction on prosecutions), 733 (liability of individuals for corporate default) and 734 (criminal proceedings against unincorporated bodies) apply to this offence.

F31F323

For the purposes of this section each of the following is a competent authority—

a

the Secretary of State,

b

an inspector appointed under this Part F33. . .,

F34ba

a person appointed under—

i

section 167 of the Financial Services and Markets Act 2000 (general investigations),

ii

section 168 of that Act (investigations in particular cases),

iii

section 169(1)(b) of that Act (investigation in support of overseas regulator),

iv

section 284 of that Act (investigations into affairs of certain collective investment schemes), or

v

regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),

to conduct an investigation;

c

any person authorised to exercise powers F35under section 447 of this Act or section 84 of the Companies Act 1989,

d

the Department of Economic Development in Northern Ireland,

e

the Treasury,

f

the Bank of England,

g

the Lord Advocate,

h

the Director of Public Prosecutions, and the Director of Public Prosecutions for Northern Ireland,

F36ha

the Financial Services Authority;

l

any constable,

m

any procurator fiscal.

F37n

the Scottish Ministers.

3A

Any information which may by virtue of this section be disclosed to a competent authority may be disclosed to any officer or servant of the authority.

F314

A statutory instrument containing an order under F38subsection (1A)(a) or (1B) is subject to annulment in pursuance of a resolution of either House of Parliament.