C4Part XIVInvestigation of Companies and Their Affairs; Requisition of Documents

Annotations:
Modifications etc. (not altering text)
C4

Pt. 14 power to apply (with modifications) (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

Requisition and seizure of books and papers

C3C1C2451AF1 Disclosure of information by Secretary of State or inspector.

F21

This section applies to information obtained—

a

under sections 434 to F3446E ;

b

by an inspector in consequence of the exercise of his powers under section 453A.

2

The Secretary of State may, if he thinks fit—

a

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

b

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

F43

Information to which this section applies may also be disclosed by an inspector appointed under this Part to—

a

another inspector appointed under this Part;

b

a person appointed under—

i

section 167 of the Financial Services and Markets Act 2000 (general investigations),

ii

section 168 of that Act (investigations in particular cases),

iii

section 169(1)(b) of that Act (investigation in support of overseas regulator),

iv

section 284 of that Act (investigations into affairs of certain collective investment schemes), or

v

regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),

to conduct an investigation; or

c

a person authorised to exercise powers under—

i

section 447 of this Act; or

ii

section 84 of the Companies Act 1989 (exercise of powers to assist overseas regulatory authority).

4

Any information which may by virtue of subsection (3) be disclosed to any person may be disclosed to any officer or servant of that person.

5

The Secretary of State may, if he thinks fit, disclose any information obtained under section 444 to—

a

the company whose ownership was the subject of the investigation,

b

any member of the company,

c

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

d

the auditors of the company, or

e

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

F56

For the purposes of this section, information obtained by an inspector in consequence of the exercise of his powers under section 453A includes information obtained by a person accompanying the inspector in pursuance of subsection (4) of that section in consequence of that person’s accompanying the inspector.

7

The reference to an inspector in subsection (2)(b) above includes a reference to a person accompanying an inspector in pursuance of section 453A(4).