OpenLegislation

Paragraph 15 Power to obtain information

Original text. Later amendments are not shown.

(1)

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

(a)

to serve, vary or revoke a prohibition notice; or

(b)

to serve or revoke a notice to warn,

information is required which another person is likely to be able to provide, the Secretary of State may serve on the other person a notice under this paragraph.

(2)

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

(a)

to provide to the Secretary of State such information as is specified in the notice, within a period 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 the person—

(a)

fails, without reasonable cause, to comply with a notice served on that person under this paragraph; or

(b)

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

(i)

provides information which the person knows is false in a material particular, or

(ii)

recklessly provides information which is false in a material particular.

(4)

A person guilty of an offence under sub-paragraph (3) shall—

(a)

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

(b)

in the case of an offence under paragraph (b) of that sub-paragraph, be liable—

(i)

on conviction on indictment, to a fine,

(ii)

on summary conviction, to a fine not exceeding level 5 on the standard scale.