On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 18/04/2013.
44.
—(1) This section shall apply where —
(a)
books are produced to the Authority under a requirement imposed under section 42;
(b)
under a warrant issued under section 43, the Authority or a person named therein —
(i)
takes possession of books; or
(ii)
secures books against interference; or
(c)
under a previous application of subsection (6), books are delivered into the possession of the Authority or a person authorised by the Authority to receive them.
(2) If subsection (1)(a) applies, the Authority may take possession of any of the books.
(3) The Authority or, where applicable, a person referred to in subsection (1)(b) may —
(a)
inspect, and make copies of, or take extracts from, any of the books;
(b)
use, or permit the use of, any of the books for the purposes of any proceedings; and
(c)
retain possession of any of the books for so long as is necessary —
(i)
for the purposes of exercising a power conferred by this section (other than subsection (5));
(ii)
for a decision to be made on whether or not proceedings should be commenced under this Act in relation to such book; or
(iii)
for such proceedings to be commenced and carried on.
(4) No person shall be entitled, as against the Authority or, where applicable, a person referred to in subsection (1)(b), to claim a lien on any of the books, but such a lien is not otherwise prejudiced.
(5) Subject to Part VIII, while the books are in the possession of the Authority or, where applicable, a person referred to in subsection (1)(b), the Authority or the person —
(a)
shall permit another person to inspect at all reasonable times such of the books (if any) as the second-mentioned person would be entitled (whether under any written law, rule of law or contract) to inspect if they were not in the possession of the Authority or the first-mentioned person; and
(b)
may permit any other person to inspect any of the books.
(6) Unless subsection (1)(b)(ii) applies, a person referred to in subsection (1)(b) may deliver any of the books into the possession of the Authority or of a person authorised by the Authority to receive them.
(7) If subsection (1)(a) or (b) applies, the Authority, a person referred to in subsection (1)(b) or a person into whose possession the books are delivered under subsection (6) may require —
(a)
if subsection (1)(a) applies, a person who so produced any of the books; or
(b)
in any other case, a person who was a party to the compilation of any of the books,
to explain, to the best of his knowledge and belief, any matter about the compilation of any of the books or to which any of the books relate.
[FAA, s. 74]