|
| |
| |
| |
(1) | Regulations may require the registrar of companies— |
| |
(a) | to notify the Regulator of matters specified in the regulations, and |
| |
(b) | to provide the Regulator with copies of documents specified in the |
| |
| 5 |
(2) | After section 71 of the Bankruptcy (Scotland) Act 1985 (c. 66) insert— |
| |
“71A | Further duty of Accountant in Bankruptcy |
| |
The Accountant in Bankruptcy shall, on receiving any notice under |
| |
section 109(1) of the Insolvency Act 1986 in relation to a community |
| |
interest company, forward a copy of that notice to the Regulator of |
| 10 |
Community Interest Companies.” |
| |
(3) | In section 31(2) of the Data Protection Act 1998 (c. 29) (restricted access to data |
| |
processed for specified purposes)— |
| |
(a) | in paragraphs (b), (c) and (d), after “charities” insert “or community |
| |
| 15 |
(b) | in paragraph (b), after “trustees” insert “, directors”. |
| |
(4) | A public authority may disclose to the Regulator, for any purpose connected |
| |
with the exercise of the Regulator’s functions, information received by the |
| |
authority in connection with its functions. |
| |
(5) | The Regulator may disclose to a public authority any information received by |
| 20 |
the Regulator in connection with the functions of the Regulator— |
| |
(a) | for a purpose connected with the exercise of those functions, or |
| |
(b) | for a purpose connected with the exercise by the authority of its |
| |
| |
(6) | In deciding whether to disclose information to a public authority in a country |
| 25 |
or territory outside the United Kingdom the Regulator must have regard to the |
| |
considerations listed in section 243(6) of the Enterprise Act 2002 (c. 40) |
| |
(overseas disclosures), but as if the reference to information of a kind to which |
| |
section 237 of that Act applies were to information of the kind the Regulator is |
| |
| 30 |
(7) | The powers to disclose information in subsections (4) and (5) are subject to— |
| |
(a) | any restriction on disclosure imposed by or by virtue of an enactment, |
| |
| |
(b) | any express restriction on disclosure subject to which information was |
| |
| 35 |
(8) | Information may be disclosed under subsection (4) or (5) subject to a restriction |
| |
on its further disclosure. |
| |
(9) | A person who discloses information in contravention of a restriction imposed |
| |
under subsection (8) is guilty of an offence, but a prosecution may be instituted |
| |
in England or Wales only with the consent of the Regulator or the Director of |
| 40 |
| |
(10) | A person guilty of an offence under subsection (9) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(11) | “Public authority” means a person or body having functions of a public nature. |
| |
| |
| |
|
| |
| |
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(1) | If an offence under this Part committed by a body corporate is proved— |
| |
(a) | to have been committed with the consent or connivance of an officer, or |
| |
(b) | to be attributable to any neglect on the part of an officer, |
| |
| the officer as well as the body corporate is guilty of the offence and liable to be |
| 5 |
proceeded against and punished accordingly. |
| |
(2) | “Officer” means a director, manager, secretary or other similar officer of the |
| |
body corporate, or a person purporting to act in any such capacity. |
| |
| |
(a) | includes a shadow director, and |
| 10 |
(b) | if the affairs of a body corporate are managed by its members, means a |
| |
| |
59 | Orders made by Regulator |
| |
(1) | An order made by the Regulator under this Part must be given to the |
| |
community interest company in relation to which it is made and— |
| 15 |
(a) | if the order is under section 44(1) or (3), to the director removed or |
| |
| |
(b) | if the order is under section 46(1)(b) or (2), to the person to whom the |
| |
| |
(c) | if the order is under section 47(1), to the persons from and to whom |
| 20 |
| |
(d) | if the order is under section 47(2), to the person whose interest is |
| |
extinguished and any person appointed in his place. |
| |
(2) | Orders made by the Regulator under or by virtue of this Part may contain any |
| |
incidental or supplementary provisions the Regulator considers expedient. |
| 25 |
(3) | When discharging an order made under or by virtue of this Part, the Regulator |
| |
may make savings and transitional provisions. |
| |
(4) | A document certified by the Regulator to be a true copy of an order made by |
| |
the Regulator is evidence of the order without further proof; and a document |
| |
purporting to be so certified shall, unless the contrary is proved, be taken to be |
| 30 |
| |
(5) | Where the Regulator makes an order or decision against which an appeal lies |
| |
under or by virtue of this Part, the Regulator must give reasons for the order or |
| |
decision to the persons entitled to appeal against it. |
| |
| 35 |
(1) | Any power to make regulations under this Part is exercisable by the Secretary |
| |
of State by statutory instrument. |
| |
(2) | Regulations under this Part may make different provision for different cases. |
| |
(3) | Regulations under this Part may confer or impose functions on the Regulator |
| |
or any other person specified in the regulations (and, unless made under |
| 40 |
paragraph 4 of Schedule 4, may provide for appeals to the Appeal Officer from |
| |
a person on whom functions are conferred by the regulations). |
| |
| |
| |
|
| |
| |
(4) | No regulations to which this subsection applies are to be made unless a draft |
| |
of the statutory instrument containing the regulations (whether or not together |
| |
with other provisions) has been laid before, and approved by a resolution of, |
| |
each House of Parliament. |
| |
(5) | Subsection (4) applies to regulations under— |
| 5 |
| |
| |
| |
| |
| 10 |
| |
| |
| |
| |
(6) | A statutory instrument containing regulations under this Part is (unless a draft |
| 15 |
of it has been approved by each House of Parliament under subsection (4)) |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
| |
| 20 |
| “administrative receiver” has the meaning given by section 251 of the |
| |
Insolvency Act 1986 (c. 45), |
| |
| “the Appeal Officer” has the meaning given by section 26(1), |
| |
| “charity” (except in the phrase “Scottish charity”) has the same meaning |
| |
as in the Charities Act 1993 (c. 10) (see section 96 of that Act), |
| 25 |
| “community interest object” is to be construed in accordance with section |
| |
| |
| “the community interest test” is to be construed in accordance with |
| |
| |
| “enactment” includes an Act of the Scottish Parliament, |
| 30 |
| “excluded company” is to be construed in accordance with section 33(6), |
| |
| “the Official Property Holder” has the meaning given by section 27(1), |
| |
| “the Regulator” has the meaning given by section 25(1), and |
| |
| “Scottish charity” has the meaning given by section 1(7) of the Law |
| |
Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40). |
| 35 |
(2) | Any expression used in this Part and in the Companies Act 1985 (c. 6) has the |
| |
same meaning in this Part as in that Act. |
| |
| |
| |
62 | Repeals and revocations |
| 40 |
Schedule 8 (repeals and revocations) has effect. |
| |
| |
| |
|
| |
| |
| |
(1) | This Act (apart from this section and sections 64 and 65) does not come into |
| |
force until such day as the Secretary of State may by order made by statutory |
| |
instrument appoint; and different days may be appointed for different |
| |
provisions or otherwise for different purposes. |
| 5 |
(2) | The Secretary of State may by order made by statutory instrument make any |
| |
transitional provisions or savings which appear appropriate in connection |
| |
with the commencement of any provision of this Act. |
| |
| |
(1) | Any amendment made by this Act has the same extent as the provision to |
| 10 |
| |
(2) | Sections 14, 15(1)(b), (3) and (7) and 17 extend to Northern Ireland. |
| |
(3) | Subject to that, this Act (apart from section 63, this section and section 65) does |
| |
not extend to Northern Ireland. |
| |
| 15 |
(1) | This Act may be cited as the Companies (Audit, Investigations and |
| |
Community Enterprise) Act 2004. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
in any manner, or affect the assessment, levying, administration or |
| 20 |
application of any money raised by any such charge. |
| |
| |
| |
|
