(1)Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.
(2)The persons who fall within this subsection are—
(a)any party to a PPP agreement;
(b)any associate of a party to a PPP agreement; and
(c)any PPP related third party.
(3)The information shall be provided in such form and manner, and within such time, as may be specified in the request.
(4)A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
(5)For the purposes of subsection (2)(b) above, associate, in relation to a party to a PPP agreement, means—
(a)a parent undertaking of that party;
(b)a subsidiary undertaking of any parent undertaking of that party;
(c)a subsidiary undertaking of that party; or
(d)an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.
(6)For the purposes of subsection (5) above—
parent undertaking and subsidiary undertaking shall be construed in accordance with [F1section 1162 of the Companies Act 2006] ;
undertaking has the meaning given by [F2section 1161(1)] of that Act; and
participating interest has the meaning given by [F3section 421A of the Financial Services and Markets Act 2000] .
Textual Amendments
F1Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(a) (with arts. 6, 11, 12)
F2Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(c) (with arts. 6, 11, 12)
F3Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(b) (with arts. 6, 11, 12)