Companies Act 2014

883.

Certificate evidence

883. (1) In any legal proceedings (including proceedings relating to an offence), a certificate signed by an appropriate officer in the course of performing his or her functions is, in the absence of evidence to the contrary, proof of the following:

(a) if it certifies that the officer has examined the relevant records and that it appears from them that during a stated period an item was not received from a stated person, proof that the person did not during that period provide the item and that the item was not received;

(b) if it certifies that the officer has examined the relevant records and that it appears from them that a stated notice was not issued to a stated person, proof that the person did not receive the notice;

(c) if it certifies that the officer has examined the relevant records and that it appears from them that a stated notice was duly given to a stated person on a stated date, proof that the person received the notice on that date;

(d) if it certifies that the officer has examined the relevant records and that it appears from them that a stated notice was posted to a stated person at a stated address on a stated date, proof that the notice was received by that person at that address on a date 3 days after the date on which the document was posted;

(e) if it certifies that the officer has examined the relevant records and that it appears from them that a document was filed or registered with or delivered at a stated place, on a stated date or at a stated time, proof that the document was filed or registered with or delivered at that place, on that date or at that time.

(2) A certificate referred to in subsection (1) that purports to be signed by an appropriate officer is admissible in evidence in any legal proceedings without proof of the officer’s signature or that the officer was the proper person to sign the certificate.

(3) In this section—

“appropriate officer” means—

(a) in respect of functions that, under this Act, are to be performed by the Minister, the Minister or an officer of the Minister;

(b) in respect of functions that, under this Act, are to be performed by the Director, the Director or an officer of the Director;

(c) in respect of functions that, under this Act, are to be performed by the inspector or inspectors appointed under Part 13 , an inspector or, where more than one inspector is appointed, any inspector;

(d) in respect of functions that, under this Act, are to be performed by the Registrar, an assistant registrar or any other person authorised by the Minister under section 887(9) ;

(e) in respect of functions that, under this Act, are to be performed by the Central Bank—

(i) the Head of Financial Regulation (within the meaning given by the Central Bank Act 1942); or

(ii) a person appointed by some other person to whom the Head of Financial Regulation has delegated responsibility for appointing persons for the purposes of this section;

“item” includes a document and any other thing;

“notice” includes—

(a) any request, notice, letter, demand or other document; and

(b) any form of obligation that an individual may have under this Act by reason of a demand or request made by an appropriate officer, whether communicated in writing, orally or by other means.