Section 7A

This section applies where the approval of a voluntary arrangement in relation to a company has taken effect under section 4A. If it appears to the supervisor that any past or present officer of the company has committed an offence in connection with the voluntary arrangement, the supervisor must forthwith report the matter to the appropriate authority, and provide the appropriate authority with such information and give the authority such access to and facilities for inspecting and taking copies of documents (being information or documents in the possession or under the control of the ... supervisor and relating to the matter in question) as the authority requires. Where a report is made to the Secretary of State under subsection (2), he may, for the purpose of investigating the matter reported to him and such other matters relating to the affairs of the company as appear to him to require investigation, exercise any of the powers which are exercisable by inspectors appointed under section 431 or 432 of the the Companies Act 1985 to investigate a company’s affairs. For the purpose of such an investigation any obligation imposed on a person by any provision of the the Companies Acts to produce documents or give information to, or otherwise to assist, inspectors so appointed is to be regarded as an obligation similarly to assist the Secretary of State in his investigation. An answer given by a person to a question put to him in exercise of the powers conferred by subsection (3) may be used in evidence against him. However, in criminal proceedings in which that person is charged with an offence to which this subsection applies— by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person. no evidence relating to the answer may be adduced, and no question relating to it may be asked, Subsection (6) applies to any offence other than— an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath). Where a prosecuting authority institutes criminal proceedings following any report under subsection (2), the ... supervisor, and every officer and agent of the company past and present (other than the defendant or defender), shall give the authority all assistance in connection with the prosecution which he is reasonably able to give. The court may, on the application of the prosecuting authority, direct any person referred to in subsection (8) to comply with that subsection if he has failed to do so. In this subsection, “the appropriate authority” means— in the case of a company registered in England and Wales, the Secretary of State, and in the case of a company registered in Scotland, the Lord Advocate. For this purpose— “agent” includes any banker or solicitor of the company and any person employed by the company as auditor, whether that person is or is not an officer of the company, “prosecuting authority” means the Director of Public Prosecutions, the Lord Advocate or the Secretary of State.

← 6 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04