Chwilio Deddfwriaeth

Companies Act 1985

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 447

 Help about opening options

Version Superseded: 14/04/2000

Status:

Point in time view as at 27/06/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Companies Act 1985, Section 447. Help about Changes to Legislation

447 Secretary of State’s power to require production of documents. U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)The Secretary of State may at any time, if he thinks there is good reason to do so, give directions to [F2a company] requiring it, at such time and place as may be specified in the directions, to produce such [F3documents] as may be so specified.

(3)The Secretary of State may at any time, if he thinks there is good reason to do so, authorise an officer of his [F4or any other competent person], on producing (if so required) evidence of his authority, to require [F5a company] to produce to him (the officer [F4or other person]) forthwith any [F6documents] which [F7he (the officer or other person)] may specify.

(4)Where by virtue of subsection (2) or (3) the Secretary of State or an officer of his [F8or other person] has power to require the production of [F6documents] from [F9a company], he or the officer [F8or other person] has the like power to require production of those [F6documents] from any person who appears to him or the officer [F8or other person] to be in possession of them; but where any such person claims a lien on [F6documents] produced by him, the production is without prejudice to the lien.

(5)The power under this section to require [F10a company] or other person to produce [F3documents] includes power—

(a)if the [F3documents] are produced—

(i)to take copies of them or extracts from them, and

(ii)to require that person, or any other person who is a present or past officer of, or is or was at any time employed by, [F10the company] in question, to provide an explanation of any of them;

(b)if the [F3documents] are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(6)If the requirement to produce [F3documents] or provide an explanation or make a statement is not complied with, [F11the company] or other person on whom the requirement was so imposed is guilty of an offence and liable to a fine.

[F12Sections 732 (restriction on prosecutions), 733 (liability of individuals for corporate default) and 734 (criminal proceedings against unincorporated bodies) apply to this offence.]

(7)However, where a person is charged with an offence under subsection (6) in respect of a requirement to produce any [F3documents], it is a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement.

(8)A statement made by a person in compliance with such a requirement may be used in evidence against him.

[F13(9)In this section “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 it in legible form.]

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?