Companies Act 2014

938.

Hearings, privileges and procedural rules

938. (1) The Supervisory Authority may for the purposes of performing its functions under section 933, 934 F422[or 935] conduct an oral hearing in accordance with regulations made under subsection (4).

(2) A witness before the Supervisory Authority is entitled to the same immunities and privileges as a witness before the court.

(3) Nothing in section 933, 934 F422[or 935] compels the disclosure by any person of any information that the person would be entitled to refuse to produce on the grounds of legal professional privilege or authorises the inspection or copying of any document containing such information that is in the person’s possession.

F422[(4) Subject to subsection (5), the Supervisory Authority may make regulations respecting the procedures to be followed in conducting enquiries under section 933 and investigations under section 934 or 935.

(5) There is no obligation to make regulations under subsection (4) with respect to a particular provision referred to in that subsection. ]

F423[(6) The Supervisory Authority shall, as soon as is practicable after making any regulations under subsection (4), publish the regulations on its website.

(7) Any information produced or answer given by a person (howsoever described) in compliance with a requirement under section 933, 934 or 935 may be used in evidence against the person in any proceedings whatsoever, save proceedings for an offence (other than perjury in respect of such an answer).

(8) A finding or decision of the Supervisory Authority under section 933, 934 or 935 is not a bar to any civil or criminal proceedings against the person (howsoever described) who is the subject of the finding or decision.]

Annotations

Amendments:

F422

Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 39(a), (b), (c), S.I. No. 366 of 2018.

F423

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 39(d), S.I. No. 366 of 2018.

Modifications (not altering text):

C167

Reference construed (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), s. 4(2) and sch. 2 item 54, S.I. No. 378 of 2021.

References to perjury or subornation of perjury

4. ...

(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.

...

SCHEDULE 2

Section 4 (2)

...

54. Companies Act 2014, section 671(7), subsections (1) and (3) of section 881 and sections 931A(7), 938(7) and 1500(3)

...

Editorial Notes:

E149

Power pursuant to subs. (4) exercised (21.01.2020) by Companies Act 2014 (Procedures Governing the Conduct of Section 934 Investigations) Regulations 2020 (S.I. No. 16 of 2020), in effect as per reg. 1(6).

E150

Power pursuant to subs. (4) exercised (13.11.2019) by Companies Act 2014 (Procedures Governing the Conduct of Section 933 Enquiries) Regulations 2019 (S.I. No. 567 of 2019), in effect as per reg. 1(4).

E151

Previous affecting provision: subss. (1), (3), (4) amended (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 25, in effect as per regs. 1(2), 3 and subject to transitional provision in reg. 143; amendments substituted as per F-note above.