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Limited Partnerships Act 2008

General - Other matters relating to Registrar's powers

81: Exercise of powers under section 78, 78F, 78G, or 78H not affected by appeal

You could also call this:

"Appealing a decision doesn't stop the Registrar from using their powers."

Illustration for Limited Partnerships Act 2008

If you appeal or apply to the Court about a decision made by the Registrar under section 78, 78F, 78G, or 78H, the Registrar can still use their powers as if you had not appealed. You also cannot avoid doing something you are supposed to do under that section just because you have appealed. The Registrar can keep using their powers until the Court makes a decision on your appeal. If the Court allows your appeal, the Registrar must destroy any copies of documents they have related to that decision as soon as possible, and any information they got from that decision cannot be used as evidence in court unless it was obtained fairly.

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Part 2General
Other matters relating to Registrar's powers

81Exercise of powers under section 78, 78F, 78G, or 78H not affected by appeal

  1. Subject to subsection (2), but notwithstanding any other provision of any Act or any rule of law, where a person appeals or applies to the Court in relation to an act or decision of the Registrar or a person authorised by the Registrar under section 78, 78F, 78G, or 78H, until a decision on the appeal or application is given,—

  2. the Registrar, or that person, may continue to exercise the powers under that section as if no such appeal or application had been made; and
    1. no person is excused from fulfilling an obligation under that section by reason of that appeal or application.

      1. If the appeal or application is allowed or granted, as the case may be,—

      2. the Registrar must ensure that, as soon as is reasonably practicable after the decision of the Court is given, any copy of a document taken or retained by the Registrar, or by a person authorised by the Registrar in respect of that act or decision, is destroyed; and
        1. no information acquired under that section in relation to that act or decision is admissible in evidence in any proceedings unless the court hearing the proceedings in which it is sought to adduce the evidence is satisfied it was not obtained unfairly.

          Compare
          Notes
          • Section 81 heading: amended, on , by section 28(1) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
          • Section 81(1): amended, on , by section 28(2) of the Limited Partnerships Amendment Act 2014 (2014 No 47).