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Companies Act 2006

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Changes over time for: Section 1132

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Changes to legislation:

Companies Act 2006, Section 1132 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

1132Production and inspection of documents where offence suspectedU.K.

This section has no associated Explanatory Notes

(1)An application under this section may be made—

(a)in England and Wales, to a judge of the High Court by the Director of Public Prosecutions, the Secretary of State or a chief officer of police;

(b)in Scotland, to one of the Lords Commissioners of Justiciary by the Lord Advocate;

(c)in Northern Ireland, to the High Court by the Director of Public Prosecutions for Northern Ireland, the Department of Enterprise, Trade and Investment or a chief superintendent of the Police Service of Northern Ireland.

(2)If on an application under this section there is shown to be reasonable cause to believe—

(a)that any person has, while an officer of a company, committed an offence in connection with the management of the company's affairs, and

(b)that evidence of the commission of the offence is to be found in any documents in the possession or control of the company,

an order under this section may be made.

(3)The order may—

(a)authorise any person named in it to inspect the documents in question, or any of them, for the purpose of investigating and obtaining evidence of the offence, or

(b)require the secretary of the company, or such other officer of it as may be named in the order, to produce the documents (or any of them) to a person named in the order at a place so named.

(4)This section applies also in relation to documents in the possession or control of a person carrying on the business of banking, so far as they relate to the company's affairs, as it applies to documents in the possession or control of the company, except that no such order as is referred to in subsection (3)(b) may be made by virtue of this subsection.

(5)The decision under this section of a judge of the High Court, any of the Lords Commissioners of Justiciary or the High Court is not appealable.

(6)In this section “document” includes information recorded in any form.

Modifications etc. (not altering text)

Commencement Information

I1S. 1132 wholly in force at 1.10.2009; s. 1132 not in force at Royal Assent, see s. 1300; s. 1132 in force for specified purposes at 6.4.2007 by S.I. 2007/1093, art. 2(2)(c) (with art. 11(1)); s. 1132 in force for further specified purposes at 1.10.2007 by S.I. 2007/2194, art. 2(1)(l)(3)(h) (with saving in art. 12 and subject to transitional provisions and savings in Sch. 1); s. 1132 in force for further specified purposes at 6.4.2008 and 1.10.2008 by S.I. 2007/3495, arts. 3(3)(g), 5(3)(a) (with savings in arts. 7, 12); s. 1132 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(s) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

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