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Director's Investigation Powers

Volume 113: debated on Tuesday 31 March 1987

The text on this page has been created from Hansard archive content, it may contain typographical errors.

No. 12A, in page 2, line 45, at end insert

',but only for the purposes of an investigation under section 1 above,'.

No. 13, in page 3, line 4, leave out 'to' and insert 'and'

No. 14, in page 3, line 37, at end insert—

'(5A) Unless it is not practicable in the circumstances, a constable executing a warrant issued under subsection (4) above shall be accompanied by an appropriate person.
(5B) In subsection (5A) above "appropriate person" means—
  • (a) a member of the Serious Fraud Office; or
  • (b) some person who is not a member of that Office but whom the Director has authorised to accompany the constable'.
  • No. 15, in page 3, line 38, leave out 'compliance with' and insert 'response to'.

    No. 16, in page 3, line 39, leave out

    'not be used in evidence against him'

    and insert

    'only be used in evidence against him on a prosecution for an offence under subsection ( 10A) below'.

    No. 17, in page 3, line 44, at end insert—

    '(7A) A person shall not under this section be required to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business unless—
  • (a) the person to whom the obligation of confidence is owed consents to the disclosure or production; or
  • (b) the Director has authorised the making of the requirement or, if it is impracticable for him to act personally, a member of the Serious Fraud Office designated by him for the purposes of this subsection has done so.'.
  • No. 18, in page 3, line 46, leave out 'person' and insert

    'competent investigator (other than a constable)'.

    No. 19, in page 4, line 8, at end insert—

    '(10A) A person who, in purported compliance with a requirement under this section,—
  • (a) makes a statement which he knows to be false or misleading in a material particular; or
  • (b) recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence.
  • (10B) A person guilty of an offence under subsection (10A) above shall—
  • (a) on conviction on indictment be liable to imprisonment for a term not exceeding two years or to a fine or to both; and
  • (b) on summary conviction, he liable to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.'.—[Mr. Douglas Hogg.]