The Companies Act 1985 (Power to Enter and Remain on Premises: Procedural) Regulations 2005

UK Statutory Instrument 2005 No. 684 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 9 March 2005
In force from: 6 April 2005
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: Companies Act 1985, No. 684 COMPANIES The Companies Act 1985

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Section 453A of the Companies Act 1985 confers on inspectors appointed under section 431, 432 or 442 and investigators authorised under section 447 powers to enter and remain on premises which they believe are used for the purposes of the business of the company they are investigating. Section 453B imposes procedural requirements in connection with the exercise of these powers. Among these procedural requirements are— a a requirement for an inspector or investigator, as soon as practicable after obtaining entry to premises, to give to an “appropriate recipient” a written statement containing information about the powers in section 453A and the rights and obligations of the company, the occupier and the persons present on the premises; and b a requirement for the inspector or investigator to prepare, as soon as reasonably practicable after his visit to the premises, a written record of that visit. “Appropriate recipient” is defined in section 453B(8) and (9). Where there is no appropriate recipient present, the written statement of rights and obligations must be sent to the company under investigation, together with a notice of the fact and time that the visit to the premises took place. Section 453B provides for Regulations to prescribe the information which the written statement of rights and obligations and the written record of the visit must contain. Regulation 2 of these Regulations prescribes the contents of the written statement and Regulation 3 prescribes the contents of the written record. A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the DTI, Companies Investigation Branch, PO Box 447, London SW1H OWU, and is also available electronically at http://www.dti.gov.uk/companiesbill/index.htm. A copy of the regulatory impact assessment has been placed in the libraries of both Houses of Parliament.

Offences created by this instrument

The written statement which section 453B(4) requires the inspector or investigator to give to an appropriate recipient… regulation 2 · Status not determined · Requires proof of a state of mind
k a statement that it is an offence under section 453A(5) intentionally to obstruct an inspector, investigator or… regulation 2(k) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2005