214Power to examine defaulting officers

#### 214 Power to examine defaulting officers 214 Power to examine defaulting officers > > (1) In this section— > > > > co-operative housing body to which this section applies means a co-operative housing body— > > > > > (a) that has been, or is being, wound-up, or > > > > > (b) that is under the management of an administrator, or > > > > > (c) in relation to which a receiver or manager has been appointed, whether by the Court or under the powers contained in any instrument, or > > > > > (d) that has ceased to carry on business or is unable to pay its debts, or > > > > > (e) that has entered into a compromise or scheme of arrangement with its creditors. > > > (2) For the purposes of subsection (1), a co-operative housing body has ceased to carry on business in the circumstances mentioned in section 207 (2) (Offences by officers). > > > (3) This section applies if it appears to the Registrar that an officer or former officer of a co-operative housing body to which this section applies has conducted himself or herself in such a way that the officer or former officer has rendered himself or herself liable to action by the body in relation to the performance of the person’s duties as an officer of the body. > > > (4) The Registrar, or a person who is authorised by the Registrar in that behalf, may apply ex parte to the Court for an order that the officer or former officer must attend before the Court on a day appointed by the Court to be examined as to the person’s conduct and dealings as an officer of the co-operative housing body. > > > (5) An examination under this section— > > > > > (a) must not be held in open court unless the Court otherwise orders, and > > > > > (b) may, if the Court so directs and subject to the rules, be held before any District Court Judge named for the purpose by the Court, and the powers of the Court in relation to the conduct of the examination under this section may be exercised by such a Judge. > > > (6) The Court, on making the order under subsection (4) or at any subsequent time, on the application of any person concerned, may give such directions as to the matters to be inquired into and as to the procedure to be followed in relation to the examination as it considers appropriate. > > > (7) The applicant and, with the leave of the Court, a creditor or member of the co-operative housing body, may take part in the examination either personally or by a legal practitioner. > > > (8) The person examined— > > > > > (a) must be examined on oath, and > > > > > (b) must answer all questions that the Court or, if the examination is to be held before a District Court Judge, that Judge puts or allows to be put, and > > > > > (c) is not entitled to refuse to answer a question that is relevant or material to the examination on the ground that the answer might tend to incriminate the person. > > > (9) The answer to a question put to a person under this section is not admissible in evidence against the person in a criminal proceeding (other than a proceeding in relation to the falsity of the answer) if— > > > > > (a) before answering the question, the person claims that answering the question might tend to incriminate the person, and > > > > > (b) answering the question might in fact tend to incriminate the person. > > > (10) A person ordered to be examined under this section may be represented by a legal practitioner who is at liberty to put to the person examined any questions for the purpose of enabling the person to explain or qualify any answer given. > > > (11) Notes of the examination— > > > > > (a) must be reduced to writing, and > > > > > (b) must be read over to and signed by the person examined, and > > > > > (c) may, subject to subsection (9), be used in evidence in a legal proceeding against the person examined, and > > > > > (d) may be inspected and copied by the person examined, the Registrar or the applicant or, with the consent of the Court, by a creditor or member of the co-operative housing body. > > > (12) The Court or, if the examination is held before a District Court Judge, that Judge may adjourn the examination from time to time. > > > (13) If the Court is satisfied that an order for an examination under this section was obtained without reasonable cause, it may order the whole or any part of the costs incurred by the person ordered to be examined to be paid by the applicant or another person who with the consent of the Court takes part in the examination. > > **s 214:** Am 1999 No 2, Sch 4 \[5\].