OpenLegislation

Regulation 45 Investigations by the Director General: power to serve an information noticeF1I1

England and Wales

(1)

The Director General may serve upon any person an information notice requiring the person to provide F2the Director General with information that the Director General reasonably requires for the purposes of an investigation in accordance with regulation 44.

(2)

But an information notice must not require a person—

(a)

to provide information that might incriminate the person;

(b)

to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c)

to make a disclosure that would be prohibited by any of Part 1 of the Regulation of Investigatory Powers Act 2000 or Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

(d)

to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(3)

Neither must an information notice require a postal or telecommunications operator to provide communications data.

(4)

In paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

(5)

An information notice must—

(a)

specify or describe the information that is required by the Director General and the form in which it must be provided;

(b)

specify the period within which the information must be provided;

(c)

give details of the right of appeal against the information notice under regulation 47.

(6)

The period specified under paragraph (5)(b) must not end before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be provided pending the determination or withdrawal of the appeal.

(7)

The Director General may cancel an information notice by written notice to the person on whom it was served.

Annotations

Textual amendments

F1

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(a) (with regs. 36(4), 37)

F2

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(c) (with reg. 37)

Commencement

I1

Reg. 45 in force at 30.4.2017, see reg. 1