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Change 1
As published
56 Production of documents and evidence to inspectors.
(1) Section 434 of the Companies Act 1985 (production of documents and evidence to inspectors) is amended as follows.
(2) In subsection (1) (duty of officers to assist inspectors), for “books and documents” substitute “documents”.
(3) For subsection (2)(power to require production of documents, attendance or other assistance) substitute—
(2) If the inspectors consider that an officer or agent of the company or other body corporate, or any other person, is or may be in possession of information relating to a matter which they believe to be relevant to the investigation, they may require him—
(a) to produce to them any documents in his custody or power relating to that matter,
(b) to attend before them, and
(c) otherwise to give them all assistance in connection with the investigation which he is reasonably able to give;
and it is that person’s duty to comply with the requirement.
.
(4) For subsection (3) (power to examine on oath) substitute—
(3) An inspector may for the purposes of the investigation examine any person on oath, and may administer an oath accordingly.
.
(5) After subsection (5) insert—
(6) In this section “documents” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.
.
(6) In section 436 of the Companies Act 1985 (obstruction of inspectors treated as contempt of court), for subsections (1) and (2) substitute—
(1) If any person—
(a) fails to comply with section 434(1)(a) or (c),
(b) refuses to comply with a requirement under section 434(1)(b) or (2), or
(c) refuses to answer any question put to him by the inspectors for the purposes of the investigation,
the inspectors may certify that fact in writing to the court.
.
Your change, as a redline
56 Production of documents and evidence to inspectors.
(1) Section 434 of the Companies Act 1985 (production of documents and evidence to inspectors) is amended as follows.
(2) In subsection (1) (duty of officers to assist inspectors), for “books and documents” substitute “documents”.
(3) For subsection (2)(power to require production of documents, attendance or other assistance) substitute—
(2) If the inspectors consider that an officer or agent of the company or other body corporate, or any other person, is or may be in possession of information relating to a matter which they believe to be relevant to the investigation, they may require him—
(a) to produce to them any documents in his custody or power relating to that matter,
(b) to attend before them, and
(c) otherwise to give them all assistance in connection with the investigation which he is reasonably able to give;
and it is that person’s duty to comply with the requirement.
.
(4) For subsection (3) (power to examine on oath) substitute—
(3) An inspector may for the purposes of the investigation examine any person on oath, and may administer an oath accordingly.
.
(5) After subsection (5) insert—
(6) In this section “documents” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.
.
(6) In section 436 of the Companies Act 1985 (obstruction of inspectors treated as contempt of court), for subsections (1) and (2) substitute—
(1) If any person—
(a) fails to comply with section 434(1)(a) or (c),
(b) refuses to comply with a requirement under section 434(1)(b) or (2), or
(c) refuses to answer any question put to him by the inspectors for the purposes of the investigation,
the inspectors may certify that fact in writing to the court.
.
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