|
|
Expenses of investigation of company's affairs.
|
13.—(1) The expenses of and incidental to an investigation by an inspector appointed by the court under the foregoing provisions of this Act shall be defrayed in the first instance by the Minister for Justice but the court may direct that any person being—
|
|
| |
(a) a body corporate dealt with in the report, or
|
|
| |
(b) the applicant or applicants for the investigation,
|
|
| |
shall be liable, to such extent as the court may direct, to repay the Minister for Justice, provided that no such liability on the part of the applicant or applicants shall exceed in the aggregate £100,000.
|
|
| |
(2) Without prejudice to subsection (1), any person who is—
|
|
| |
(a) convicted on indictment of an offence on a prosecution instituted as a result of an investigation,
|
|
| |
(b) ordered to pay damages or restore any property in proceedings brought as a result of an investigation, or
|
|
| |
(c) awarded damages or to whom property is restored in proceedings brought as a result of an investigation,
|
|
| |
may, in the same proceedings, be ordered to repay all or part of the expenses referred to in subsection (1) to the Minister for Justice or to any person on whom liability has been imposed by the court under that subsection, provided that, in the case of a person to whom paragraph (c) relates, the court shall not order payment in excess of one-tenth of the amount of the damages awarded or of the value of the property restored, as the case may be, and any such order shall not be executed until the person concerned has received his damages or the property has been restored, as the case may be.
|
|
| |
(3) The report of an inspector may, if he thinks fit, and shall, if the court so directs, include a recommendation as to the directions (if any) which he thinks appropriate, in the light of his investigation, to be given under subsection (1).
|
