Regulation 37 Insertion of regulations 48A to 48C

After regulation 48 insert—

“Investigations by the Director General: power to serve information notice

48A

(1)

The Director General may serve upon any person an information notice requiring the person to provide the Director General with information that the Director General reasonably requires for the purposes of an investigation in accordance with regulation 48.

(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 section 10 of the Police and Criminal Evidence Act 1984^f1;

(c)

to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016^f2;

(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)

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 48C.

(4)

The period specified under paragraph (3)(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.

(5)

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

Failure to comply with information notice

48B

(1)

If a person who has received an information notice—

(a)

fails or refuses to provide the information required by the notice, or

(b)

knowingly or recklessly provides information in response to the notice that is false in a material respect,

the Director General may certify in writing to the High Court that the person has failed to comply with the information notice.

(2)

The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Appeals against information notices

48C

(1)

A person on whom an information notice is served may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.

(2)

If the Tribunal considers that the notice is not in accordance with the law—

(a)

it must quash the notice, and

(b)

it may give directions to the Director General in relation to the service of a further information notice.”.