Stock Exchange Act, 1995

Expenses of and fees relating to an investigation.

61.— (1) The expenses of and incidental to an investigation and the fees incurred by an inspector appointed by the Court under section 57 of this Act or by the Bank under section 64 of this Act shall be defrayed by the Bank but the Court may direct that any person dealt with in the report shall be liable, to such extent as the Court may direct, to repay the Bank any expenses or fees incurred.

(2) Without prejudice to subsection (1) of this section, any person who is—

(a) convicted on indictment of an offence on a prosecution instituted as a result of an investigation,

(b) ordered to pay damages or restore any property in proceedings brought as a result of an investigation, or

(c) awarded damages or to whom property is restored in proceedings brought as a result of an investigation,

may, in the same proceedings, be ordered to repay all or part of the expenses and fees referred to in subsection (1) of this section, and interest as appropriate, to the Bank or to any person on whom liability has been imposed by the Court under that subsection, provided that, in the case of a person to whom paragraph (c) of this subsection relates, the Court shall not order payment in excess of one-tenth of the amount of the damages awarded or of the value of the property restored and interest as appropriate as the case may be, and any such order shall not be executed until the person concerned has received his damages or the property has been restored, as the case may be.

(3) The report of an inspector may, if he thinks fit, and shall, if the Court so directs, include a recommendation as to the directions, if any, which he thinks appropriate, in the light of his investigation, to be given under subsection (1) of this section.