Companies Act 1985

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 [F2 a company] requiring it, at such time and place as may be specified in the directions, to produce such [F3 documents] 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 [F4 or any other competent person], on producing (if so required) evidence of his authority, to require [F5 a company] to produce to him (the officer [F4 or other person]) forthwith any [F6 documents] which [F7 he (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 [F8 or other person] has power to require the production of [F6 documents] from [F9 a company], he or the officer [F8 or other person] has the like power to require production of those [F6 documents] from any person who appears to him or the officer [F8 or other person] to be in possession of them; but where any such person claims a lien on [F6 documents] produced by him, the production is without prejudice to the lien.

(5) The power under this section to require [F10 a company] or other person to produce [F3 documents] includes power—

(a) if the [F3 documents] 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, [F10 the company] in question, to provide an explanation of any of them;

(b) if the [F3 documents] 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 [F3 documents] or provide an explanation or make a statement is not complied with, [F11 the company] or other person on whom the requirement was so imposed is guilty of an offence and liable to a fine.

[F12 Sections 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 [F3 documents], 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.]

Textual Amendments

F1 S. 447(1) repealed by Companies Act 1989 (c. 40, SIF 27), ss. 63(2), 212, 213(2), Sch. 24

F2 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(a), 213(2)

F3 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(3), 213(2)

F4 Words inserted by Companies Act 1989 (c. 40, SIF 27), ss. 63(4), 213(2)

F5 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(a), 213(2)

F6 Word substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(3), 213(2)

F7 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(4), 213(2)

F8 Words inserted by Companies Act 1989 (c. 40, SIF 27), ss. 63(5), 213(2)

F9 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(b), 213(2)

F10 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(b), 213(2)

F11 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(2)(c), 213(2)

F12 S. 447(6): second sentence substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(6), 213(2)

F13 S. 447(9) inserted by Companies Act 1989 (c. 40, SIF 27), s. 63(7), 213(2)

Modifications etc. (not altering text)

C1 S. 447 extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 para. 10