C1Part II Regulation of Insurance Companies
Powers of intervention
C244 Power to obtain information and require production of documents.
C31
2
The F2Treasury may—
C3a
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 F6documents which that person may specify.
C3C3F72A
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.
C3F72B
The F2Treasury may require a UK or non-EC company to furnish F8them, 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 F2TreasuryF9have required, or could require, the company to provide information under subsection (1) above.
3
Where by virtue of subsection (2) above the F2TreasuryF10have or a person authorised by them has power to require the production of any F6documents from any company, the F2Treasury or that person shall have the like power to require production of those F6documents from any person who appears to F11them 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 F6documents produced by him, the production shall be without prejudice to the lien.
C34
Any power conferred by or by virtue of F12subsections (2), (2A) and (3)above to require a company or other person to produce F6documents shall include power—
a
if the F6documents 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 F6documents 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.
F134A
Any person authorised by the F2Treasury 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.
C45
A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
F14C45A
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.
C45B
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).
F156
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.
F167
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.
Pt. II (ss. 15-71) restricted (1.1.1993) by S.I. 1992/3218, reg65
Pt. II (ss. 15-71) extended (24.12.1996) by S.I. 1996/3011, reg. 3(1)(b), 10(1)