OpenLegislation

Paragraph 171

(1)

Regulation 7 (power to require attendance of witnesses and production of documents) is amended as follows.

(2)

In paragraph (1) before “appointed person” insert “ relevant ”.

(3)

For paragraph (3) substitute—

“(3)

A notice containing a requirement under paragraph (1) shall contain a reference—

(a)

where the notice requires attendance at an ONR inquiry, to the fact that under regulation 13 of these Regulations a person who contravenes such a requirement is liable on summary conviction to a fine;

(b)

where the notice requires attendance at a safety inquiry, to the fact that under section 33(2) of the 1974 Act a person who contravenes such a requirement is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.

(4)

After paragraph (3) insert—

“(3A)

Paragraph (3B) makes transitional modifications to paragraph (3) as it applies to England and Wales.

(3B)

In relation to a notice served on any person before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court), the reference in paragraph (3)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.”.