Part III Investigations and Powers to Obtain Information

Amendments of the Companies Act 1985

63 Secretary of State’s power to require production of documents.

(1)

Section 447 of the M1Companies Act 1985 (power of Secretary of State to require production of documents) is amended as follows.

(2)

Omit subsection (1) (bodies in relation to which powers exercisable), and—

(a)

in subsections (2) and (3) for “any such body” substitute “a company”,

(b)

in subsections (4) and (5) for “any body” and “a body” substitute “a company”, and

(c)

in subsections (5) and (6) for “the body” substitute “the company”.

(3)

For “books or papers”, wherever occurring, substitute “documents”.

(4)

In subsection (3) (power to authorise officer to require production of documents) after “an officer of his” insert “or any other competent person”, after “the officer” in the first place where it occurs insert “or other person” and for “the officer” in the second place where it occurs substitute “he (the officer or other person)”.

(5)

In subsection (4) (power to require production of documents in possession of third party) after “an officer of his” and after “the officer” (twice) insert “or other person”.

(6)

In subsection (6), for the second sentence substitute—

“Sections 732 (restriction on prosecutions), 733 (liability of individuals for corporate default) and 734 (criminal proceedings against unincorporated bodies) apply to this offence.”.

(7)

After subsection (8) insert—

“(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.”.

(8)

In Schedule 24 to the M2Companies Act 1985 (punishment of offences), in the entry relating to section 447(6), for “books and papers” substitute “documents”.