Companies Act 1976: Prosecutions
asked Her Majesty's Government:Whether they will state the number of prosecutions initiated in respect of defaults under Section 12 (subsections (1) to (5) thereof) of the Companies Act 1976 since its enactment indicating also the number of convictions under Section 12(11) eventuating from such prosecutions.
The Department of Trade has preferred 33 charges for offences under subsections (1) to (5) of Section 12 of the Companies Act since the section superseded Sections 147 and 331 of the Companies Act 1948 on 1st October 1977. Twenty-six charges have been disposed of to date. These figures are not really representative because of the time lag in the reporting and prosecuting of offences and because several directors may have been charged in relation to one company. So far this year proceedings for offences under Section 12 and the superseded sections have been completed in relation to 18 companies. In 1979 such proceedings were completed in relation to 14 companies. There have been convictions in all cases covered by these figures. The department has no information about proceedings which may have been brought by the DPP or other prosecuting authorities.
asked Her Majesty's Government:Whether they will state the number of prosecutions initiated in respect of offences under Section 19 of the Compaines Act 1976 since its enactment indicating also the number of convictions eventuating from such prosecutions.
The Department of Trade has not prosecuted for any offence under Section 19 of the Companies Act 1976. It is not thought that proceedings have been brought by any other prosecuting authority, but the department does not have the information to give a categorical answer on this and no allegations of an offence under the section have so far been presented to it.House adjourned at eighteen minutes past ten o'clock.