• PART 9 PART 9 INSPECTION OF DOCUMENTS, COPIES AND PROVISION OF INFORMATION

    • 41. Right to copy documents

      Where these Regulations give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents on payment of a reasonable fee.

    • 42. Charges for copies of documents provided by the Office-holder

      Except where prohibited by these Regulations, a person is entitled to require the payment of a reasonable fee for copies of documents requested by a creditor, member, contributory or member of a Liquidation Committee or creditors' committee.

    • 43. Contravention in relation to inspection of documents

      (1) A contravention will be committed if a person who does not have a right under these Regulations to inspect a relevant document falsely claims to be a creditor, a member of a Company or a contributory of a Company with the intention of gaining sight of the document.
      (2) A relevant document is one which is on the Court file or held by the Office-holder or any other person and which a creditor, or member or contributory of a Company has the right to inspect under these Regulations.
      (3) A person guilty of a contravention under this paragraph 43 is liable to a fine at the relevant level set out in the Fines Schedule.

    • 44. Right to list of creditors

      (1) This paragraph 44 applies in the following proceedings —
      (a) administration; or
      (b) creditors' voluntary winding-up or a compulsory winding-up.
      (2) A creditor or a foreign representative has the right to require the Office-holder to provide a list of the creditors and the amounts of their respective debts unless, in a winding-up or an administration, a Statement of Affairs has been delivered to the Registrar.
      (3) The Office-holder on being required to provide such a list —
      (a) must deliver it to the person requiring the list as soon as reasonably practicable; and
      (b) may charge a reasonable fee for a hard copy.
      (4) The Office-holder may omit the name and address of a creditor if the Office-holder thinks its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person.
      (5) In such a case the list must include —
      (a) the amount of that creditor's debt; and
      (b) a statement that the name and address of the creditor has been omitted for that debt.

    • 45. Confidentiality of documents — grounds for refusing inspection

      (1) Where an Office-holder considers that a document forming part of the records of the Insolvency Proceedings —
      (a) should be treated as confidential; or
      (b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,
      the Office-holder may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.
      (2) The persons to whom the Office-holder may refuse inspection include members of a creditors' committee.
      (3) Where the Office-holder refuses inspection of a document, the person wishing to inspect it may appeal to the Court.
      (4) The Court's decision may be subject to such conditions (if any) as it thinks just.