Paragraph 4

England, Wales and Scotland

(1)

For the purposes of a formal investigation the Commission may serve a notice on any person requiring him—

(a)

to give such written information as may be described in the notice; or

(b)

to attend and give oral information about any matter specified in the notice, and to produce all documents in his possession or control relating to any such matter.

(2)

A notice under this paragraph may only be served on the written authority of the Secretary of State unless the terms of reference confine the investigation to the activities of one or more named persons and the person being served is one of those persons.

(3)

A person may not be required by a notice under this paragraph—

(a)

to give information, or produce a document, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court or the Court of Session; or

(b)

to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 59, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(b)(c) (subject to art. 3, as amended by S.I. 2007/2602, art. 4(2))