Commentary Changes brought in by the 2006 Act Section 1037: Power to obtain information from former inspectors etc
1311.Subsection (1) inserts new section 446E into the 1985 Act.
1312.New section 446E(1) provides that, where an inspector resigns or has his appointment revoked or is given a direction under section 446B (termination of an investigation) (new section 446E(2)), the Secretary of State can direct him to hand over documents that he has obtained or generated during the course of his investigation, either to the Secretary of State or to another inspector appointed under this Part (new section 446E(3)).
1313.A requirement under new subsection (3) includes the power to ensure that the production of a copy of the document is made in hard copy or in a form from which a hard copy can be obtained (new section 446E(4)). A document includes information recorded in any form (new section 446E(7)(b)). New section 446E(5) enables the Secretary of State to direct any person to whom this section applies to inform him of any matters that came to that person’s attention as a result of the investigation. New section 446E(6) confirms that a person shall comply with any direction given to him under this section.
1314.New section 446E(7)(a) confirms that the scope of the term “investigation” will include any investigation undertaken under section 433(1) into the affairs of the company’s holding company or subsidiary (or a subsidiary of its holding company or a holding company of its subsidiary).
1315.Subsections (2) and (3) concern consequential changes to other sections within the 1985 Act.