16 & 17 Geo,
5. C. Q.

536

SECRETARIAL PRACTICE
(1)

in the case of an offence in England, if it appears to the
Board that the case is one in which the prosecution ought
to be undertaken by the Director of Public Prosecutions,
the Board shall refer the matter to him;

in the case of an offence in Scotland the Board shall refer
the matter to the Lord Advocate.

(ii)

(2) If where any matter is referred to the Director of Public
Prosecutions under this section he considers that the case is one in
which a prosecution ought to be instituted and, further, that it is
desirable in the public interest that the proceedings in the prosecu-
tion should be conducted by him, he shall institute proceedings
accordingly, and it shall be the duty of all officers and agents of the
company, past and present (other than the defendant in the pro-
ceedings), to give to him all assistance in connection with the prosecu-
tion which they are reasonably able to give.

For the purposes of this subsection, the expression “agents” in
relation to a company shall be deemed to include the bankers and
solicitors of the company and any persons employed by the company
as auditors, whether those persons are or are not officers of the
company.

(3) The expenses of and incidental to an investigation under
the last preceding section of this Act (in this subsection referred to
as ‘the expenses’) shall be defrayed as follows: —

Where as a result of the investigation a prosecution is
instituted by the Director of Public Prosecutions or by or
on behalf of the Lord Advocate, the expenses shall be
defrayed by the Board of Trade;

In any other case the expenses shall be defrayed by the
company unless the Board of Trade think proper to direct,
as the Board are hereby authorised to do, that they shall
either be paid by the applicants or in part by the company
and in part by the applicants:

Provided that—

(i) if the company fails to pay the whole or any
part of the sum which it is liable to pay under this
subsection, the applicants shall make good the deficiency
up to the amount by which the security given by them
under the last preceding section exceeds the amount,
if any, which they have under this subsection been directed
by the Board to pay; and .

(ii) any balance of the expenses not defrayed either
by the company or the applicants shall be defrayed by
the Board.

(4) Subsection (3) of section thirteen of the Economy (Mis-
cellaneous Provisions) Act, 1926 (which provides for the issue out
of the Bankruptcy and Companies Winding-up (Fees) Account of
sums towards meeting the charges estimated by the Board of Trade
in respect of salaries and expenses under this Act in relation to
the winding-up of companies in England) shall have effect as if