Section 65 Power to require explanationC1C2I1I2I3
The Secretary of State may by regulations make provision requiring prescribed persons to provide an explanation of any relevant matter to the Commission, or to persons authorised by the Commission, in circumstances where the Commission considers the explanation necessary or expedient for the purposes of any of its regulatory functions.
“Relevant matter” means—
any documents, records or other items inspected, copied or provided under sections 62 to 64,
any information provided under those sections,
any documents, records, other items or information otherwise provided to the Commission by any person for the purposes of the Commission's regulatory functions, or
any matters which are the subject of the exercise of any such functions.
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Commission.
A person who without reasonable excuse fails to comply with a requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Annotations
Modifications
- C1
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
- C2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Commencement
- I1
S. 65 partly in force; S. 65 in force for specified purposes at Royal Assent, see s. 170
- I2
S. 65 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2
- I3
S. 65 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 13 (with Pt. 3)
Notes on Part 1
Modifications
- C3
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
- C4
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Notes on Chapter 6
Modifications
- C3
Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)