Regulation 46 Investigations by the Director General: power to serve information noticeF1I1
England and Wales
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 45.
But an information notice must not require a person—
to provide information that might incriminate the person;
to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984f1 (see section 10 of that Act);
to make a disclosure that would be prohibited by F3any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;
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.
Neither must an information notice require a postal or telecommunications operator (within the meaning of Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000) to provide communications data (within the meaning of that Chapter).
An information notice must—
specify or describe the information that is required by the Director General and the form in which it must be provided;
specify the period within which the information must be provided;
give details of the right of appeal against the information notice under regulation 48.
The period specified under paragraph (4)(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.
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 (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 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, 33(2)(c) (with reg. 37)
- F3
Words in reg. 46(2)(c) substituted (27.6.2018) by The Investigatory Powers (Consequential Amendments etc.) Regulations 2018 (S.I. 2018/682), reg. 1(2), Sch. 1 para. 30(2) (with reg. 4)
Commencement
Footnotes
- f1