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Cap. 630 · Social Enterprise Act (Cap. 630)

Cap. 630 чл. 33Investigations. Cap. 377.

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(1) The Regulator may investigate the affairs of any social enterprise organisation at any time and may demand from any person, in writing, any relevant information and documentation relating to the operation of a social enterprise organisation or any person involved in the activities of a social enterprise organisation, if he receives what he considers to be a valid compliant in writing or if he has cause to believe that such information is necessary in order to establish whether a social enterprise organisation is acting in compliance with the provisions of this Act or any regulations or guidelines made thereunder.

(2) Any person who fails to provide information and documentation as aforesaid, and destroys or defaces documents, or attempts to destroy or deface documents, required by the Regulator pursuant to this article shall be guilty of an offence.

(3) The Regulator may issue directives demanding compliance with any of the provisions of this Act or any regulations or guidelines made thereunder and failure on the part of any person to comply with such directives shall constitute a breach of duty.

(4) The Regulator may set a period for compliance with any directives he may give or for compliance with any of the provisions of this Act or any regulations or guidelines made thereunder and may impose penalties for non-compliance within such period:

Provided that such penalties shall not exceed two thousand five hundred euro (€2,500) for the breach of a directive and one hundred twenty euro (€120) for each day of non-compliance and such penalties shall be paid to the Regulator.

(5) A demand under this article may also be sent to a person who is bound by a duty of professional secrecy under the Professional Secrecy Act and for the purposes of article 6A of the said Act, the Regulator shall be considered to be a public authority. Any information obtained by the Regulator upon such a demand shall be used exclusively for the purposes of this Act.

(6) Any person or organisation may be subject to further investigations and in the event that they transpire to be of a criminal nature, the Regulator shall refer the matter to the Executive Police. Part IX General