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Version Superseded: 01/12/2001
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Insurance Companies Act 1982 (repealed), Section 44 is up to date with all changes known to be in force on or before 24 July 2024.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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(1)The [F1Treasury]may require a company to furnish [F2them], at specified times or intervals, with information about specified matters being, if [F3the Treasury so require], information verified in a specified manner.
(2)The [F1Treasury] may—
(a)require a company to produce, at such time and place as [F4the Treasury] may specify, such [F5documents] as [F4the Treasury] may specify; or
(b)authorise any person, on producing (if required so to do) evidence of his authority, to require a company to produce to him forthwith any [F5documents] which that person may specify.
[F6(2A)Subsections (1) and (2) above shall have effect as if any reference to a company included a reference to any person who is or has been a controller, officer, agent or employee of a UK or non-EC company and to any body corporate which is or has been—
(a)a parent undertaking or subsidiary undertaking of such a company;
(b)a subsidiary undertaking of a parent undertaking of such a company; or
(c)a parent undertaking of a subsidiary undertaking of such a company.
F6(2B)The [F1Treasury] may require a UK or non-EC company to furnish [F7them], at a specified time, with a report by a specified person, being an actuary or accountant or other person with relevant professional skills, on any matter about which the [F1Treasury][F8have] required, or could require, the company to provide information under subsection (1) above.]
(3)Where by virtue of subsection (2) above the [F1Treasury][F9have or a person authorised by them] has power to require the production of any [F5documents] from any company, the [F1Treasury] or that person shall have the like power to require production of those [F5documents] from any person who appears to [F10them or, as the case may be, him] to be in possession of them; but where any person from whom such production is required claims a lien on [F5documents] produced by him, the production shall be without prejudice to the lien.
(4)Any power conferred by or by virtue of [F11subsections (2), (2A) and (3)]above to require a company or other person to produce [F5documents] shall include power—
(a)if the [F5documents] 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 director, controller or auditor of, or is or was at any time employed by, the company in question, to provide an explanation of any of them;
(b)if the [F5documents] 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.
[F12(4A)Any person authorised by the [F1Treasury] may, on producing if required evidence of his authority, enter any premises occupied by—
(a)a UK or non-EC company on which a requirement under subsection (1) or (2) above has been imposed; or
(b)a person on whom or a body on which such a requirement has been imposed by virtue of subsection (2A) above,
for the purpose of obtaining the information or documents required to be furnished or produced and exercising the powers conferred by subsection (4) above.]
(5)A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
[F13(5A)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.
(5B)Subsection (5A) above applies to any offence other than—
(a)an offence under section 71(1)(b), (3) or (4) below;
(b)an offence under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath);
(c)an offence under section 44(2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
(d)an offence under Article 10 of the M3Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).]
[F14(6)In this section “document” 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 the information in legible form.]
[F15(7)This section shall apply to the Secretary of State and persons authorised by him as it applies to the Treasury and persons authorised by them; and for this purpose references in this section to the Treasury shall be construed as references to the Secretary of State.]
Textual Amendments
F1Words in s. 44 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(a)
F2Words in s. 44(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(b)(ii) (with art. 7)
F3Words in s. 44(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(b)(ii)(with art. 7)
F4Words in s. 44(2)(a) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(c) (with art. 7)
F5Word substituted by Companies Act 1989 (c. 40, SIF 27), s. 77(2)
F6S. 44(2A)(2B) inserted (1.7.1994) by S.I. 1994/1696, reg. 24(1)
F7Words in s. 44(2B) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(d)(i) (with art. 7)
F8Words in s. 44(2B) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(d)(ii) (with art. 7)
F9Words in s. 44(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(e)(i) (with art. 7)
F10Words in s. 44(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(e)(ii) (with art. 7)
F11Words in s. 44(4) substituted (1.7.1994) by S.I. 1994/1696, reg. 24(2)
F12S. 44(4A) inserted (1.7.1994) by S.I. 1994/1696, reg. 24(3)
F13S. 44(5A)(5B) inserted (14.4.2000 for E.W.N.I. and 1.1.2001 for S.) by 1999 c. 23, s. 59, Sch. 3 para. 3 (with ss. 63(3), 67, Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2; S.S.I. 2000/445, art. 2
F14S. 44(6) substituted by Companies Act 1989 (c. 40, SIF 27), s. 77(2)
F15S. 44(7) inserted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 30(f) (with art. 7)
Modifications etc. (not altering text)
C2S. 44 certain functions to be exercised by the Secretary of State and the Treasury concurrently (5.1.1998) by S.I. 1997/2781, art. 4(1)(a) (with art. 7)
C3S. 44(1)(2)(a)(2A)(2B)(3)(4): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 31
C4S. 44(5)-(5B) continued (with modifications) (1.12.2001) by S.I. 2001/3646, art. 5
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