if the F10documents 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.

no evidence relating to the statement may be adduced, and

no question relating to it may be asked,

an offence under subsection (6) or section 451;

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

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

no evidence relating to the statement may be adduced by or on behalf of the prosecution, and

no question relating to it may be asked by or on behalf of the prosecution,

an offence under section 451,

an offence under section 5 of the Perjury Act 1911 (false statement made otherwise than on oath), or

an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statement made otherwise than on oath).

that there are reasonable grounds for believing that an offence has been committed for which the penalty on conviction on indictment is imprisonment for a term of not less than two years and that there are on any premises documents relating to whether the offence has been committed,

that the Secretary of State, or the person so appointed or authorised, has power to require the production of the documents under this Part, and

that there are reasonable grounds for believing that if production was so required the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed.

to enter the premises specified in the information, using such force as is reasonably necessary for the purpose;

to search the premises and take possession of any documents appearing to be such documents as are mentioned in subsection (1) or (2), as the case may be, or to take, in relation to any such documents, any other steps which may appear to be necessary for preserving them or preventing interference with them;

to take copies of any such documents; and

to require any person named in the warrant to provide an explanation of them or to state where they may be found.

for a period of three months; or

if within that period proceedings to which the documents are relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.

it is made to the Secretary of State otherwise than in compliance with a requirement under this Part;

it is of a kind that the person making the disclosure could be required to make in pursuance of this Part;

the person who makes the disclosure does so in good faith and in the reasonable belief that the disclosure is capable of assisting the Secretary of State for the purposes of the exercise of his functions under this Part;

the information disclosed is not more than is reasonably necessary for the purpose of assisting the Secretary of State for the purposes of the exercise of those functions;

the disclosure is not one falling within subsection (3) or (4).

it is made by a person carrying on the business of banking or by a lawyer, and

it involves the disclosure of information in respect of which he owes an obligation of confidence in that capacity.

comprised in, or in an instrument made under, an Act of the Scottish Parliament;

comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

whenever passed or made.

with a view to the institution of or otherwise for the purposes of criminal proceedings;

with a view to the institution of, or otherwise for the purposes of, any proceedings on an application under F26section 6, 7 or 8 of the Company Directors Disqualification Act 1986,

for the purposes of enabling or assisting any inspector appointed under this Part, or under section 94 or 177 of the Financial Services Act 1986, to discharge his functions;

for the purpose of enabling or assisting any person authorised to exercise powers F29or appointed under section 43A or 44 of the Insurance Companies Act 1982, section 447 of this Act, section 106 of the Financial Services Act 1986 or section 84 of the Companies Act 1989 to discharge his functions;

for the purpose of enabling or assisting the F31Secretary of State or the Treasury to exercise any of their functions under this Act, the F32insider dealing legislation, F33the Prevention of Fraud (Investments) Act M21958, the Insurance Companies Act M31982, the Insolvency Act M41986, the Company Directors Disqualification Act M51986 F34, the Financial Services Act 1986 or Part II, III or VII of the Companies Act 1989,.

for the purpose of enabling or assisting the Department of Economic Development for Northern Ireland to exercise any powers conferred on it by the enactments relating to companies or insolvency or for the purpose of enabling or assisting any inspector appointed by it under the enactments relating to companies to discharge his functions

for the purpose of enabling or assisting the Chief Registrar of friendly societies or the Assistant Registrar of friendly societies for Scotland to discharge his functions under the enactments relating to friendly societies;

for the purpose of enabling or assisting the Friendly Societies Commission to discharge its functions under the Financial Services Act 1986.

for the purpose of enabling or assisting the Occupational Pensions Regulatory Authority to discharge their functions under the Pension Schemes Act 1993 or the Pensions Act 1995 or any enactment in force in Northern Ireland corresponding to either of them,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the purpose of enabling or assisting the Bank of England to discharge its functions,

for the purpose of enabling or assisting the Deposit Protection Board to discharge its functions under that Act,

for any purpose mentioned in section 180(1)(b), (e), (h), F38or (n) of the Financial Services Act 1986,

for the purpose of enabling or assisting a body established by order under section 46 of the Companies Act 1989 to discharge its functions under Part II of that Act, or of enabling or assisting a recognised supervisory or qualifying body within the meaning of that Part to discharge its functions as such;

for the purpose of enabling or assisting the Industrial Assurance Commissioner or the Industrial Assurance Commissioner for Northern Ireland to discharge his functions under the enactments relating to industrial assurance,

for the purpose of enabling or assisting the Insurance Brokers Registration Council to discharge its functions under the Insurance Brokers (Registration) Act M91977,

for the purpose of enabling or assisting an official receiver to discharge his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a body which is for the time being a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to discharge its functions as such,

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by a solicitor, auditor, accountant, valuer or actuary of his professional duties,

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the discharge by a public servant of his duties;

for the purpose of enabling or assisting an overseas regulatory authority to exercise its regulatory functions.

in paragraph (ll) “public servant” means an officer or servant of the Crown or of any public or other authority for the time being designated for the purposes of that paragraph by the Secretary of State by order made by statutory instrument; and

in paragraph (m) “overseas regulatory authority” and “regulatory functions” have the same meaning as in section 82 of the Companies Act 1989.

impose conditions subject to which the publication or disclosure of any information or document is permitted by that subsection; and

otherwise restrict the circumstances in which that subsection permits publication or disclosure.

the Secretary of State,

an inspector appointed under this Part or under section 94 or 177 of the Financial Services Act 1986,

any person authorised to exercise powers under section 44 of the Insurance Companies Act 1982, section 447 of this Act, section 106 of the Financial Services Act 1986 or section 84 of the Companies Act 1989,

the Department of Economic Development in Northern Ireland,

the Treasury,

the Bank of England,

the Lord Advocate,

the Director of Public Prosecutions, and the Director of Public Prosecutions for Northern Ireland,

the Financial Services Authority, other than in its capacity as a designated agency within the meaning of the Financial Services Act 1986,

any designated agency or transferee body within the meaning of the Financial Services Act 1986, and any body administering a scheme under section 54 of or paragraph 18 of Schedule 11 to that Act (schemes for compensation of investors),

the Chief Registrar of friendly societies F49. . .,

the Friendly Societies Commission

the Industrial Assurance Commissioner [F51and the Industrial Assurance Commissioner for Northern Ireland],

any constable,

any procurator fiscal.

the Scottish Ministers.

destroys, mutilates or falsifies, or is privy to the destruction, mutilation or falsification of a document affecting, or relating to the F55company’s property or affairs, or

makes, or is privy to the making of, a false entry in such a document,

disclose any information to which this section applies to any person to whom, or for any purpose for which, disclosure is permitted under section 449, or

authorise or require an inspector appointed under this Part to disclose such information to any such person or for any such purpose.

another inspector appointed under this Part or an inspector appointed under section 94 or 177 of the Financial Services Act 1986, or

a person authorised to exercise powers F61or appointed under section 43A or 44 of the Insurance Companies Act 1982, section 447 of this Act, section 106 of the Financial Services Act 1986 or section 84 of the Companies Act 1989.

the company whose ownership was the subject of the investigation,

any member of the company,

any person whose conduct was investigated in the course of the investigation,

the auditors of the company, or

any person whose financial interests appear to the Secretary of State to be affected by matters covered by the investigation.

by any person of information which he would in an action in the High Court or the Court of Session be entitled to refuse to disclose on grounds of legal professional privilege except, if he is a lawyer, the name and address of his client,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

the person to whom the obligation of confidence is owed is the company or other body corporate under investigation,

the person to whom the obligation of confidence is owed consents to the disclosure or production, or

the making of the requirement is authorised by the Secretary of State.

section 431 (investigation on application of company or its members),

section 438 (power to bring civil proceedings on the company’s behalf ),

sections 442 to 445 (investigation of company ownership and power to obtain information as to those interested in shares, &c.), and

section 446 (investigation of share dealings).

he is authorised to do so by the Secretary of State, and

he thinks that to do so will materially assist him in the exercise of his functions under this Part in relation to the company.

require entry to relevant premises, and

remain there for such period as he thinks necessary for the purpose mentioned in subsection (1)(b).

is guilty of an offence, and

is liable on conviction to a fine.

the inspector or investigator must produce evidence of his identity and evidence of his appointment or authorisation (as the case may be);

any person accompanying the inspector or investigator must produce evidence of his identity.

the powers of the investigator or inspector (as the case may be) under section 453A;

the rights and obligations of the company, occupier and the persons present on the premises,

a notice of the fact and time that the visit took place, and

the statement mentioned in subsection (4).

if requested to do so by the company he must give it a copy of the record;

in a case where the company is not the sole occupier of the premises, if requested to do so by an occupier he must give the occupier a copy of the record.

an officer of the company, or

a person otherwise engaged in the business of the company if the inspector or investigator thinks that no officer of the company is present on the premises.

a person who is an appropriate recipient for the purposes of subsection (8), and (if different)

a person who is present on the premises and who appears to the inspector or investigator to be an occupier of the premises or otherwise in charge of them.

section 447;

section 453A.

any witnesses who may be produced against or on behalf of the alleged offender;

any statement which may be offered in defence,