Financial Intermediaries Act 1996
sec.198Report of investigator
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sec.198 Report of investigator
An investigator may, and if so directed by the registrar must, make interim reports to the registrar. On the completion or termination of the investigation, the investigator must report to the registrar the investigator’s opinion about the affairs of a society the investigator has investigated, together with the facts on which the opinion is based. An investigator may, when making a report, give to the registrar any documents of which the investigator has taken possession under section 192 (3) . The registrar— may keep the documents for the period the registrar considers necessary to enable a decision to be made as to whether or not a legal proceeding ought to be instituted because of the investigation; and may keep the documents for a further period the registrar considers necessary to enable the proceeding to be instituted and prosecuted; and may permit other persons to inspect the documents while they are in the registrar’s possession; and may permit the use of the documents for the purposes of a legal proceeding instituted because of the investigation; and must permit a person who would be entitled to inspect any of the documents if they were not in the registrar’s possession to inspect at all reasonable times the documents that the person would be entitled to inspect. A copy of a final report must, and a copy of the whole or any part of an interim report may, if the registrar considers it appropriate, be sent by the registrar to the registered office of the society to which it relates. However, the registrar is not bound to give a society or any other person a copy of a report, or any part of a report, by an investigator if the registrar considers that there is good reason for not divulging the contents of the report or part. The registrar may, if the registrar considers that it is in the public interest to do so, cause the whole or any part of a report to be printed and published. If an investigator has caused a record of an examination under this part to be sent to the registrar with the report to which the record relates, a copy of the record may be given to the persons and on terms the registrar considers appropriate. Subsection (8) applies subject to section 196 . s 198 amd 1999 No. 27 s 76 sch 1 pt 2 (sec.198-ssec.1) An investigator may, and if so directed by the registrar must, make interim reports to the registrar. (sec.198-ssec.2) On the completion or termination of the investigation, the investigator must report to the registrar the investigator’s opinion about the affairs of a society the investigator has investigated, together with the facts on which the opinion is based. (sec.198-ssec.3) An investigator may, when making a report, give to the registrar any documents of which the investigator has taken possession under section 192 (3) . (sec.198-ssec.4) The registrar— may keep the documents for the period the registrar considers necessary to enable a decision to be made as to whether or not a legal proceeding ought to be instituted because of the investigation; and may keep the documents for a further period the registrar considers necessary to enable the proceeding to be instituted and prosecuted; and may permit other persons to inspect the documents while they are in the registrar’s possession; and may permit the use of the documents for the purposes of a legal proceeding instituted because of the investigation; and must permit a person who would be entitled to inspect any of the documents if they were not in the registrar’s possession to inspect at all reasonable times the documents that the person would be entitled to inspect. (sec.198-ssec.5) A copy of a final report must, and a copy of the whole or any part of an interim report may, if the registrar considers it appropriate, be sent by the registrar to the registered office of the society to which it relates. (sec.198-ssec.6) However, the registrar is not bound to give a society or any other person a copy of a report, or any part of a report, by an investigator if the registrar considers that there is good reason for not divulging the contents of the report or part. (sec.198-ssec.7) The registrar may, if the registrar considers that it is in the public interest to do so, cause the whole or any part of a report to be printed and published. (sec.198-ssec.8) If an investigator has caused a record of an examination under this part to be sent to the registrar with the report to which the record relates, a copy of the record may be given to the persons and on terms the registrar considers appropriate. (sec.198-ssec.9) Subsection (8) applies subject to section 196 .