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Amendment of section 19 of Act of 1990.
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4.— (1) Section 19 (inserted by the Act of 2001) of the Act of 1990 is amended—
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(a) by substituting the following subsections for subsection (3):
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“(3) Where by virtue of subsection (1) the Director has power to require the production of any books or documents from any body, the Director shall have power to require the production of—
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(a) those books or documents from any person who appears to the Director to be in possession of them,
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(b) copies of any books or documents of the body from any person who appears to the Director to be in possession of them, and
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(c) subject to subsection (4), other books or documents (whether the originals of them or otherwise) which may relate to any books or documents of the body from any person who appears to the Director to be in possession of such other books or documents,
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but where any such person claims a lien on books or documents produced by him, the production shall be without prejudice to the lien.
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(3A) Any requirement under subsection (3) shall be made by the giving by the Director of a direction to the person of whom the requirement is being made that specifies—
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(a) the books or documents to be produced by the person, and
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(b) the time and place at which they are to be produced.”;
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(b) in subsection (4), by substituting “subsection (3)(c)” for “subsection (3)(b)” in each place where it occurs; and
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(c) in subsection (9), by substituting “a direction under subsection (1) or (3A)” for “a direction under subsection (1)”.
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(2) Nothing in subsection (1) shall be construed to mean that, but for the amendment effected by it, a direction given by the Director of Corporate Enforcement, before the passing of this Act, under section 19(3) of the Act of 1990 was limited in any way as to its effect or extent of operation or that any books or documents produced on foot of it to the Director of Corporate Enforcement were not lawfully produced to him.
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