The Companies (Northern Ireland) Order 1986 (revoked)

Prosecution by public authoritiesF5 N.I.

680.—(1 )F1  In respect of an offence under any of Articles 218,[F2 253E,]F3 332, 337,F4 440 to 444 and 448 proceedings shall not be instituted except by or with the consent of the appropriate authority.

(2) That authority is—

(a )F1 for an offence under any of Articles 218,[F2 253E,]F3 332 and 337, the Department or the Director of Public Prosecutions for Northern Ireland,

(b )F1 for an offence under any of ArticlesF4 440 to 444, either one of those two persons or the Industrial Assurance Commissioner for Northern Ireland, and

(c )F1 for an offence under Article 448, the Department.

(3 )F1  Where proceedings are instituted under the Companies Orders against any person by the Director of Public Prosecutions for Northern Ireland or by or on behalf of the Department, nothing in those Orders is to be taken to require any person to disclose any information which he is entitled to refuse to disclose on grounds of legal professional privilege.

F1 mod. by SR 2004/307

F2 2004 c.27

F3 prosp. insertion. by 2005 NI 17 (which amendment repealed (6.4.2008) by Companies Act 2006 (c. 46), s. 1295, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 2)

F4 prosp. subst. by 2005 NI 17

Modifications etc. (not altering text)

C1 Art. 680(3) applied (temp.) (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 4, Sch. 1 para. 2

F5 Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}