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Section 18 Power to obtain information.C14C1C2C3C4C5C6C7C8C9C10C11C12

C13(1)

If the Secretary of State considers that, for the purpose of deciding whether—

(a)

to make, vary or revoke any safety regulations; or

(b)

to serve, vary or revoke a prohibition notice; or

(c)

to serve or revoke a notice to warn,

he requires information which another person is likely to be able to furnish, the Secretary of State may serve on the other person a notice under this section.

(2)

A notice served on any person under this section may require that person—

(a)

to furnish to the Secretary of State, within a period specified in the notice, such information as is so specified;

(b)

to produce such records as are specified in the notice at a time and place so specified and to permit a person appointed by the Secretary of State for the purpose to take copies of the records at that time and place.

(3)

A person shall be guilty of an offence if he—

(a)

fails, without reasonable cause, to comply with a notice served on him under this section; or

(b)

in purporting to comply with a requirement which by virtue of paragraph (a) of subsection (2) above is contained in such a notice—

(i)

furnishes information which he knows is false in a material particular; or

(ii)

recklessly furnishes information which is false in a material particular.

(4)

A person guilty of an offence under subsection (3) above shall—

(a)

in the case of an offence under paragraph (a) of that subsection, be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and

(b)

in the case of an offence under paragraph (b) of that subsection be liable—

(i)

on conviction on indictment, to a fine;

(ii)

on summary conviction, to a fine not exceeding the statutory maximum.

Annotations

Modifications

C1

Ss. 14-18 amended (3.10.1994) by S.I. 1994/2328, reg. 11(b)

S. 18 applied (with modifications) (15.5.2002) by S.I. 2002/1144, regs. 2(2), 16(1)-(3), Sch. 10 paras. 1, 3

S. 18 applied (E.W.S.) (28.11.2003) by Fireworks Act 2003 (c. 22), ss. 2(7), 18 (with s. 2(8)); S.I. 2003/3084,{art. 2}, Sch.

C2

S. 18 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 7 paras. 1(e), 2

C3

S. 18 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 7 paras. 1(e), 2 (with reg. 88)

C4

S. 18 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 paras. 1, 2 (with regs. 74, 75(5))

C5

S. 18 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), reg. 1, Sch. 3 paras. 1, 2 (with reg. 3)

C6

S. 18 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), reg. 1, Sch. 5 paras. 1(e), 2 (with reg. 3)

C7

S. 18 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 7 paras. 1(e), 2 (with regs. 3-5)

C8

S. 18 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. 2017/737), reg. 1, Sch. 13 paras. 1(e), 2 (with reg. 89)

C9

S. 18 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 paras. 1, 2 (with regs. 3-5, 77)

C10

S. 18 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 1 (with reg. 2)

C11

S. 18 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 1 (with reg. 2(1)-(3))

C12

S. 18 applied (with modifications) (N.I.) (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 2021/858), reg. 1(1), Sch. 2 paras. 1, 2 (with reg. 3)

C13

S. 18(1)(2): certain functions made exercisable concurrently (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), art. 4, Sch.

C14

Pt. II applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)

Notes on Part II

Modifications

C1

Part II : definition of "supply" applied (E.W.)(1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(6), 17(2)