SCHEDULES
SCHEDULE 6Powers of interim receiver or administrator
I11Seizure
Power to seize property to which the order applies.
I22Information
1
Power to obtain information or to require a person to answer any question.
2
A requirement imposed in the exercise of the power has effect in spite of any restriction on the disclosure of information (however imposed).
3
An answer given by a person in pursuance of such a requirement may not be used in evidence against him in criminal proceedings.
4
Sub-paragraph (3) does not apply—
a
on a prosecution for an offence under section 5 of the Perjury Act 1911, section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 or Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements), or
b
on a prosecution for some other offence where, in giving evidence, he makes a statement inconsistent with it.
5
But an answer may not be used by virtue of sub-paragraph (4)(b) against a person unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by him or on his behalf in the proceedings arising out of the prosecution.
I33Entry, search, etc.
1
Power to—
a
enter any premises in the United Kingdom to which the interim order applies, and
b
take any of the following steps.
2
Those steps are—
a
to carry out a search for or inspection of anything described in the order,
b
to make or obtain a copy, photograph or other record of anything so described,
c
to remove anything which he is required to take possession of in pursuance of the order or which may be required as evidence in the proceedings under Chapter 2 of Part 5.
3
The order may describe anything generally, whether by reference to a class or otherwise.
I44Supplementary
1
An order making any provision under paragraph 2 or 3 must make provision in respect of legal professional privilege (in Scotland, legal privilege within the meaning of Chapter 3 of Part 8).
2
An order making any provision under paragraph 3 may require any person—
a
to give the interim receiver or administrator access to any premises which he may enter in pursuance of paragraph 3,
b
to give the interim receiver or administrator any assistance he may require for taking the steps mentioned in that paragraph.
I55Management
1
Power to manage any property to which the order applies.
2
Managing property includes—
a
selling or otherwise disposing of assets comprised in the property which are perishable or which ought to be disposed of before their value diminishes,
b
where the property comprises assets of a trade or business, carrying on, or arranging for another to carry on, the trade or business,
c
incurring capital expenditure in respect of the property.