Section 238: Costs of investigations
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
238. Costs of investigations
(1) Subject to subsection (4), the expenses of and incidental to an investigation by an inspector under sections 232, 234 and 236 including the
costs of any proceedings brought by the Registrar in the name of the company, shall be paid by the company investigated or where the Registrar so
directs, by the applicant or in part by the company and in part by the
applicant.
(2) Where a company fails to pay the whole or any part of the sum
which it is liable to pay under subsection (1), the applicant shall make good
the deficiency up to the amount by which the security given by him under
this part exceeds any amount which he has been directed to pay under subsection (1).
(3) Any balance of the expenses not paid either by the company or the
applicant shall, following reasonable steps to recover the same, be paid out
of the Consolidated Fund.
(4) Any person who is convicted on a prosecution instituted by the Director of Public Prosecutions as a result of the investigation may be directed by
the Court before which the person is prosecuted to pay by way of reimbursement to the Consolidated Fund, the applicant, or the company as the
case may be, the said expenses either in whole or in part.
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Questions this section answers
- Who ends up paying the costs of an investigation if my company can't afford them?