11. Procedure and powers of inspectors
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If an inspector appointed to investigate the affairs of a licensee which is a company thinks it necessary for the purposes of the investigation to investigate also the affairs of any other company which is or has at any relevant time been deemed to be or have been related to the licensee by virtue of section 6 of the Companies Act [Cap. 50] he shall have power to do so, and he shall report on the affairs of the other company so far as he thinks the results of the investigation thereof are relevant to the investigation of the affairs of the licensee.
affairs
“affairs”, in relation to a licensee, includes —(a)the promotion, formation, membership, control, trading, dealings, business and property of the licensee;(b)the ownership of shares in, debentures of and interests made available by the licensee;(c)the ascertainment of the persons who are or have been financially interested in the success or failure or apparent success or failure of the licensee or are or have been able to control or materially to influence the policy of the licensee; and(d)the circumstances under which a person acquired or disposed of or became entitled to acquire or dispose of shares in, debentures of or interests made available by the licensee;
The licensee and every officer and agent of the licensee shall, if required by an inspector appointed under this Act, produce to the inspector all books and documents in his custody or power and shall give to the inspector all assistance in connection with the investigation which he is reasonably able to give.
licensee
“licensee” means a person to whom a bus service licence has been granted under this Act and includes any company which an inspector appointed under this Act thinks necessary to investigate the affairs of the company pursuant to section 11(1);
An inspector may, by notice in writing, require the licensee and any officer or agent of the licensee to appear for examination on oath or affirmation (which he is hereby authorised to administer) in relation to the business of the licensee and the notice may require the production of all books and documents in the custody or under the control of that licensee or officer or agent of that licensee.
officer or agent
“officer or agent”, in relation to a licensee, includes —(a)a director, banker, solicitor or auditor of the licensee;(b)a person who at any time —(i)has been a person referred to in paragraph (a); or(ii)has been otherwise employed or appointed by the licensee;(c)a person who —(i)has in his possession any property of the licensee;(ii)is indebted to the licensee; or(iii)is capable of giving information concerning the promotion, formation, trading, dealings, affairs or property of the licensee; and(d)where there are reasonable grounds for suspecting or believing that a person is a person referred to in paragraph (c), that person.
An inspector who pursuant to this section requires the production of all books and documents in the custody or power or under the control of an officer or agent of any licensee —
may take possession of all such books and documents;
may retain all such books and documents for such time as he considers to be necessary for the purpose of the investigation; and
shall permit the licensee to have access at all reasonable times to all such books and documents so long as they are in his possession.
If any licensee or any officer or agent of the licensee fails to comply with the requirements of any notice issued under subsection (3) or fails or refuses to answer any question which is put to him by an inspector with respect to the affairs of the licensee, the inspector may certify the failure or refusal under his hand to the court, which may thereupon inquire into the case and, after hearing any witnesses against or on behalf of the alleged offender, deal with him in the like manner as if he had been guilty of contempt of the court.
No person who is or has formerly been an officer or agent of a licensee shall be entitled to refuse to answer any question which is relevant or material to the investigation on the ground that his answer might tend to incriminate him but if he claims that the answer to any question might incriminate him and but for this subsection he would have been entitled to refuse to answer the question the answer to the question shall not be used in any subsequent criminal proceedings except in the case of a charge against him for making a false statement in answer to that question.
Subject to subsection (6) a person shall be entitled to refuse to answer a question on the ground that the answer might tend to incriminate him.
An inspector may cause notes of any examination under this Act to be recorded and reduced to writing and to be read to or by and signed by the person examined and any such signed notes may, except in the case of any answer which that person would not have been required to give but for subsection (6), thereafter be used in evidence in any legal proceedings against that person.[9B