698 SECRETARIAL PRACTICE 
inform the liquidator accordingly, and thereupon, subject to the 
previous sanction of the court, the liquidator may himself take 
proceedings against the offender. 
(5) If it appears to the court in the course of a voluntary 
winding up that any past or present director. manager or other 
officer, or any member, of the company has been guilty as aforesaid, 
and that no report with respect to the matter has been made by the 
liquidator to the Director of Public Prosecutions or the LordAdvocate 
under subsection (2) of this section, the court may, on the application 
of any person interested in the winding up or of its own motion, direct 
the liquidator to make such a report, and on a report being made 
accordingly the provisions of this section shall have effect as though 
the report had been made in pursuance of the provisions of sub- 
section (2) of this section. 
(6) If, where any matter is reported or referred to the Director 
of Public Prosecutions or Lord Advocate 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 prosecution should be conducted by him, 
he shall institute proceedings accordingly, and it shall be the duty 
of the liquidator and of every officer and agent of the company past 
and present (other that the defendant in the proceedings) to give 
him all assistance in connection with the prosecution which he is 
reasonably able to give. 
For the purposes of this subsection, the expression “agent” in 
relation to a company shall be deemed to include any banker or 
solicitor of the company and any person employed by the company 
as auditor, whether that person is or is not an officer of the company. 
(7) If any person fails or neglects to give assistance in manner 
required by subsection (6) of this section, the court may, on the 
application of the Director of Public Prosecutions or Lord Advocate, 
as the case may be, direct that person to comply with the require- 
ments of the said subsection, and where any such application is 
made with respect to a liquidator the court may, unless it appears 
that the failure or neglect to comply was due to the liquidator not 
having in his hands sufficient assets of the company to enable him so 
to do, direct that the costs of the application shall be borne bv the 
liquidator personally. 
(8) The Board of Trade, with the consent of the Treasury, 
may direct that the whole or any part of any costs and expenses 
properly incurred by the liquidator in proceedings duly brought 
by him under this section shall be defrayed as expenses incurred by 
the Board under this Act in relation to the winding up of companies 
in England and subsection (3) of section thirteen of the Economy 
{Miscellaneous Provisions) Act, 1926, shall apply accordingly. 
Subject to any direction under this subsection and to any 
mortgages or charges on the assets of the company and any debts to 
which priority is given by section two hundred and sixty-four of 
this Act, all such costs and expenses as aforesaid shall be payable 
out of those assets in priority to all other liabilities pavable thereout.