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Section 446D Appointment of replacement inspectorsF1C1

Not yet in force

(1)

Where—

(a)

an inspector resigns,

(b)

an inspector's appointment is revoked, or

(c)

an inspector dies,

the Secretary of State may appoint one or more competent inspectors to continue the investigation.

(2)

An appointment under subsection (1) shall be treated for the purposes of this Part (apart from this section) as an appointment under the provision of this Part under which the former inspector was appointed.

(3)

The Secretary of State must exercise his power under subsection (1) so as to secure that at least one inspector continues the investigation.

(4)

Subsection (3) does not apply if—

(a)

the Secretary of State could give any replacement inspector a direction under section 446B (termination of investigation), and

(b)

such a direction would (under subsection (4) of that section) result in a final report not being made.

(5)

In this section, references to an investigation include any investigation the former inspector conducted under section 433(1) (power to investigate affairs of holding company or subsidiary).

Annotations

Textual amendments

F1

Ss. 446C, 446D and preceding cross-heading inserted (1.10.2007) by Companies Act 2006 (c. 46), ss. 1036, 1300; S.I. 2007/2194, art. 2(1)(k) (with art. 12, Sch. 3 para. 48)

Modifications

C1

S. 446D applied (with modifications) (E.W.S.) (6.4.2014) by The Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014 (S.I. 2014/574), regs. 1(1), 2

Notes on Part XIV

Modifications

C1

Pt. 14 power to apply (with modifications) (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)