SCHEDULES
SCHEDULE 3Amendments of remaining provisions of the Companies Act 1985 relating to offences
Obstruction of rights conferred by a warrant or failure to comply with requirement under section 448
I22
1
In section 448(7) of the Companies Act 1985 (obstruction of rights conferred by or by virtue of warrant for entry and search of premises) omit the words “and liable to a fine.” to the end.
2
After that provision insert—
7A
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
Wrongful disclosure of information to which section 449 applies
I33
1
Section 449 of the Companies Act 1985 (wrongful disclosure of information obtained in course of company investigation) is amended as follows.
2
For subsection (6)(a) and (b) substitute “
is guilty of an offence.
”
3
After subsection (6) insert—
6A
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
b
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).
4
Omit subsection (7).
Destruction, mutilation etc of company documents
I44
1
For subsection (3) of section 450 of the Companies Act 1985 (offence of destroying, etc company documents) substitute—
3
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both);
b
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).
2
Omit subsection (4) of that section.
Provision of false information in purported compliance with section 447
I55
1
For subsection (2) of section 451 of the Companies Act 1985 (c. 6) (provision of false information in response to requirement under section 447) substitute—
2
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
b
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).
2
Omit subsection (3) of that section.
Obstruction of inspector, etc exercising power to enter and remain on premises
I66
1
Section 453A of the Companies Act 1985 (obstruction of inspector etc exercising power to enter and remain on premises) is amended as follows.
2
For subsection (5)(a) and (b) substitute “
is guilty of an offence.
”
3
After subsection (5) insert—
5A
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
4
Omit subsection (6).
Attempted evasion of restrictions under Part 15
I77
1
In subsection (1) of section 455 of the Companies Act 1985 (attempted evasion of restrictions under Part 15) for “is liable to a fine if he” substitute “
commits an offence if he
”
.
2
In subsection (2) of that section for the words “the company” to the end substitute
an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
3
After that subsection insert—
2A
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.