Regulation 63 Information requestsI1

England, Wales and Scotland

(1)

Where the Secretary of State considers it necessary or expedient to do so for any of the purposes set out in regulation 65, the Secretary of State may give notice to any supplier, customer, provider or certified ETII operator requiring it, by a time specified in the notice—

(a)

to produce to the Secretary of State or a person nominated by the Secretary of State any document specified, or of a description specified, in the notice that is held by that supplier or customer, or

(b)

to provide to the Secretary of State or a person nominated by the Secretary of State, such information as may be specified or described in the notice.

(2)

A person that receives a notice under paragraph (1) must respond to it, within the period specified in the notice, by producing the document or providing in writing the information as required by the notice.

(3)

A person’s duty under paragraph (2) is owed to the Secretary of State, and enforceable in civil proceedings—

(a)

for an injunction,

(b)

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c)

for any other appropriate remedy or relief.

(4)

No person is to be compelled under this regulation to produce any document which they could not be compelled to produce in civil proceedings in the court or to provide any information which they could not be compelled to give in evidence in any such proceedings.

Annotations

Commencement

I1: Reg. 63 in force at 26.4.2023, see reg. 1(1)