Financial Services and Markets Bill - continued        House of Lords
PART XV, THE FINANCIAL SERVICES COMPENSATION SCHEME - continued
Information and documents - continued

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Scheme manager's power to inspect information held by liquidator etc.     214. - (1) For the purpose of assisting the scheme manager to discharge its functions in relation to a claim made in respect of an insolvent relevant person, a person to whom this section applies must permit a person authorised by the scheme manager to inspect relevant documents.
 
      (2) A person inspecting a document under this section may take copies of, or extracts from, the document.
 
      (3) This section applies to-
 
 
    (a) the administrative receiver, administrator, liquidator or trustee in bankruptcy of an insolvent relevant person;
 
    (b) the permanent trustee, within the meaning of the Bankruptcy (Scotland) Act 1985, on the estate of an insolvent relevant person .
      (4) No person may be required under this section to permit another person to inspect a privileged communication.
 
      (5) This section does not apply to a liquidator, administrator or trustee in bankruptcy who is-
 
 
    (a) the Official Receiver;
 
    (b) the Official Receiver for Northern Ireland; or
 
    (c) the Accountant in Bankruptcy.
      (6) "Relevant person" has the same meaning as in section 218.
 
Powers of court where information required.     215. - (1) If a person ("the defaulter")-
 
 
    (a) fails to comply with a requirement imposed under section 213, or
 
    (b) fails to permit documents to be inspected under section 214,
  the scheme manager may certify that fact in writing to the court and the court may enquire into the case.
 
      (2) If the court is satisfied that the defaulter failed without reasonable excuse to comply with the requirement (or to permit the documents to be inspected), it may deal with the defaulter (and, in the case of a body corporate, any director or officer) as if he were in contempt.
 
      (3) "Court" means-
 
 
    (a) the High Court;
 
    (b) in Scotland, the Court of Session.
 
Miscellaneous
Statutory immunity.     216. - (1) Neither the scheme manager nor any person who is, or is acting as, its board member, officer or member of staff is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of the scheme manager's functions.
 
      (2) Subsection (1) does not apply-
 
 
    (a) if the act or omission is shown to have been in bad faith; or
 
    (b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.
Management expenses.     217. - (1) The amount which the scheme manager may recover, from the sums levied under the scheme, as management expenses attributable to a particular period may not exceed such amount as may be fixed by the scheme as the limit applicable to that period.
 
      (2) In calculating the amount of any levy to be imposed by the scheme manager, no amount may be included to reflect management expenses unless the limit mentioned in subsection (1) has been fixed by the scheme.
 
      (3) "Management expenses" means expenses incurred, or expected to be incurred, by the scheme manager in connection with its functions under this Act other than those incurred-
 
 
    (a) in paying compensation;
 
    (b) as a result of any provision of the scheme made by virtue of section 210(3) or (4) or 211(1) or (6).
Scheme manager's power to inspect documents held by Official Receiver etc.     218. - (1) If, as a result of the insolvency or bankruptcy of a relevant person, any documents have come into the possession of a person to whom this section applies, he must permit any person authorised by the scheme manager to inspect the documents for the purpose of establishing-
 
 
    (a) the identity of persons to whom the scheme manager may be liable to make a payment in accordance with the compensation scheme; or
 
    (b) the amount of any payment which the scheme manager may be liable to make.
      (2) A person inspecting a document under this section may take copies or extracts from the document.
 
      (3) In this section "relevant person" means a person who was-
 
 
    (a) an authorised person at the time the act or omission which may give rise to the liability mentioned in subsection (1)(a) took place; or
 
    (b) an appointed representative at that time.
      (4) But a person who qualified for authorisation under Schedule 3 at that time is not to be regarded as a relevant person for the purposes of this section in relation to any activities for which he had permission as a result of any provision of, or made under, that Schedule unless he had elected to participate in the scheme in relation to those activities at that time.
 
      (5) This section applies to-
 
 
    (a) the Official Receiver;
 
    (b) the Official Receiver for Northern Ireland; and
 
    (c) the Accountant in Bankruptcy.
 
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