Section 42 Investigation of suspected contraventions.
United Kingdom
Where the F1Authority has reasonable grounds for suspecting that a person is guilty of contravening section 3 or 35 above the Authority or any duly authorised officer, servant or agent of the Authority may by notice in writing require that or any other person—
to provide, at such place as may be specified in the notice and either forthwith or at such time as may be so specified, such information as the Authority may reasonably require for the purpose of investigating the suspected contravention;
to produce, at such place as may be specified in the notice and either forthwith or at such time as may be so specified, such documents, or documents of such description, as may be specified, being documents the production of which may be reasonably required by the Authority for that purpose;
to attend at such place and time as may be specified in the notice and answer questions relevant for determining whether such a contravention has occurred.
The Authority or a duly authorised officer, servant or agent of the Authority may take copies of or extracts from any documents produced under this section.
Any officer, servant or agent of the Authority may, on producing if required evidence of his authority, enter any premises occupied by a person on whom a notice has been served under subsection (1) above for the purpose of obtaining there the information or documents required by the notice, putting the questions referred to in paragraph (c) of that subsection or exercising the powers conferred by subsection (2) above.
Any person who without reasonable excuse fails to comply with a requirement imposed on him under this section or intentionally obstructs a person in the exercise of the rights conferred by subsection (3) above shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the fifth level on the standard scale or to both.
A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
no evidence relating to the statement may be adduced, and
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
Subsection (5A) above applies to any offence other than—
an offence under subsection (4) above or section 94(1)(a) below;
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
Nothing in this section shall compel the production by a barrister, advocate or solicitor of a document containing a privileged communication made by him or to him in that capacity.
Annotations
Textual amendments
- F1
Words in s. 42 substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. I Ch. I para. 11; S.I. 1998/1120, art. 2
- F2
S. 42(5A)(5B) substituted (14.4.2000 (E.W.N.I) and 1.1.2001 (S.)) by 1999 c. 23, s. 59, Sch. 3 para. 19 (with s. 67, Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2; S.S.I. 2000/445, art. 2
Modifications
- C1
S. 42(5)-(5B) continued (with modifications) (1.12.2001) by S.I. 2001/3646, art. 14
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 3(1)(d)
Act continued (with modifications) (1.12.2001) by S.I. 2001/2967, arts. 1(2), 9(1), Sch. 1 Pt. 1; S.I. 2001/3538 (as amended (1.4.2013) by S.I. 2013/472, arts. 1(1), 3, Sch. 2 para. 56(h)(i)); and specified provisions of Act applied, extended and amended (1.4.2003) so far as still in force by 2001 c. 16, ss. 50, 52-54, 57(1)(j)(4), 68, 138(2), Sch. 1 para. 43, Sch. 2 para. 16(2)(d); S.I. 2003/708, art. 2