Companies Act 1985

Changes over time for: Section 447

Version Superseded: 06/04/2005

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Point in time view as at 01/04/2003. This version of this provision has been superseded.

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Companies Act 1985, Section 447 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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447Secretary 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(8A)However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a)no evidence relating to the statement may be adduced, and

(b)no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(8B)Subsection (8A) applies to any offence other than—

(a)an offence under subsection (6) or section 451;

(b)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or

(c)an offence under section 44(2) of the M1Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).]

[F14(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 [F15, or in a form from which it can readily be produced in visible and legible form]].

Textual Amendments

F1S. 447(1) repealed by Companies Act 1989 (c. 40, SIF 27), ss. 63(2), 212, 213(2), Sch. 24

F2Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(a), 213(2)

F3Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(3), 213(2)

F4Words inserted by Companies Act 1989 (c. 40, SIF 27), ss. 63(4), 213(2)

F5Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(a), 213(2)

F6Word substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(3), 213(2)

F7Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(4), 213(2)

F8Words inserted by Companies Act 1989 (c. 40, SIF 27), ss. 63(5), 213(2)

F9Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(b), 213(2)

F10Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(b), 213(2)

F11Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(c), 213(2)