| (1) | After section 446D of the Companies Act 1985 (c 6) (inserted by section 1036 above) insert— |
| “Power to obtain information from former inspectors etc |
| 446E Obtaining information from former inspectors etc |
| (1) | This section applies to a person who was appointed as an inspector under this Part— |
| (a) | who has resigned, or |
| (b) | whose appointment has been revoked. |
| (2) | This section also applies to an inspector to whom the Secretary of State has given a direction under section 446B (termination of investigation). |
| (3) | The Secretary of State may direct a person to whom this section applies to produce documents obtained or generated by that person during the course of his investigation to— |
| (a) | the Secretary of State, or |
| (b) | an inspector appointed under this Part. |
| (4) | The power under subsection (3) to require production of a document includes power, in the case of a document not in hard copy form, to require the production of a copy of the document— |
| (a) | in hard copy form, or |
| (b) | in a form from which a hard copy can be readily obtained. |
| (5) | The Secretary of State may take copies of or extracts from a document produced in pursuance of this section. |
| (6) | The Secretary of State may direct a person to whom this section applies to inform him of any matters that came to that person's knowledge as a result of his investigation. |
| (7) | A person shall comply with any direction given to him under this section. |
| (8) | In this section— |
| (a) | references to the investigation of a former inspector or inspector include any investigation he conducted under section 433(1) (power to investigate affairs of holding company or subsidiary), and |
| (b) | “document” includes information recorded in any form.”. |
| (2) | In section 451A of that Act (disclosure of information by Secretary of State or inspector), in subsection (1)(a) for “446” substitute “446E”. |
| (3) | In section 452(1) of that Act (privileged information) for “446” substitute “446E”. |
| NOTES |
| Derivation |
| This section is new. |
| Initial Commencement |
| To be appointed |
| To be appointed: see s 1300(2). |
| Appointment |
| Appointment: 1 October 2007: see SI 2007/2194, arts 2(1)(k), 12(1); for transitional provisions and savings see art 9, Sch 3, para 48 thereto. |
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