Part 32

Company investigations: amendments

Resignation, removal and replacement of inspectors
1036
After section 446B of the Companies Act 1985 (c. 6) (inserted by section 1035 above) insert—

Resignation, removal and replacement of inspectors

Resignation and revocation of appointment
446C
1
An inspector may resign by notice in writing to the Secretary of State.
2
The Secretary of State may revoke the appointment of an inspector by notice in writing to the inspector.

Appointment of replacement inspectors
446D
1
Where—
a
an inspector resigns,
b
an inspector's appointment is revoked, or
c
an inspector dies,
the Secretary of State may appoint one or more competent inspectors to continue the investigation.
2
An appointment under subsection (1) shall be treated for the purposes of this Part (apart from this section) as an appointment under the provision of this Part under which the former inspector was appointed.
3
The Secretary of State must exercise his power under subsection (1) so as to secure that at least one inspector continues the investigation.
4
Subsection (3) does not apply if—
a
the Secretary of State could give any replacement inspector a direction under section 446B (termination of investigation), and
b
such a direction would (under subsection (4) of that section) result in a final report not being made.
5
In this section, references to an investigation include any investigation the former inspector conducted under section 433(1) (power to investigate affairs of holding company or subsidiary).
.
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))