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Regulation 28 Power of Secretary of State to obtain information

(1)

If the Secretary of State considers that, for the purposes of deciding whether to serve a safety notice, or to vary or revoke a safety notice which he has already served, he requires information or a sample of a product he may serve on a person a notice requiring him:

(a)

to furnish to the Secretary of State, within a period specified in the notice, such information as is specified;

(b)

to produce such records as are specified in the notice at a time and place so specified (and to produce any such records which are stored in any electronic form in a form in which they are visible and legible) and to permit a person appointed by the Secretary of State for that purpose to take copies of the records at that time and place;

(c)

to produce such samples of a product as are specified in the notice at a time and place so specified.

(2)

A person shall be guilty of an offence if he—

(a)

fails, without reasonable cause, to comply with a notice served on him under paragraph (1); or

(b)

in purporting to comply with a requirement which by virtue of paragraph (1)(a) or (b) is contained in such a notice—

(i)

furnishes information or records which he knows are false in a material particular, or

(ii)

recklessly furnishes information or records which are false in a material particular.

(3)

A person guilty of an offence under paragraph (2) shall—

(a)

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

(b)

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

(i)

on conviction on indictment, to a fine;

(ii)

on summary conviction, to a fine not exceeding the statutory maximum.