OpenLegislation

Paragraph 3 Information gathering powersI1

United Kingdom Not yet in force

(1)

An authorised inspector may by notice require a person—

(a)

to provide specified information by a specified date, or

(b)

to attend at a specified time and place and provide information by answering questions.

(2)

If a notice under sub-paragraph (1)(a) requires a person to provide information which is kept in electronic form, the notice may require it to be provided in a form in which it is visible and legible or from which it can readily be generated in a visible and legible form.

(3)

An authorised inspector may give a person a notice under sub-paragraph (1)(a) only if the inspector has reason to believe that—

(a)

the specified information is required for the purposes of a terrorism protection investigation, and

(b)

the person is able to provide the specified information.

(4)

An authorised inspector may give a person a notice under sub-paragraph (1)(b) only if the inspector has reason to believe that the person is able to provide information required for the purposes of a terrorism protection investigation.

(5)

A person is not required under this paragraph to provide any information which might incriminate the person (and see paragraph 13).

(6)

A notice under this paragraph must—

(a)

specify that it is a notice containing a requirement under this paragraph;

(b)

explain the grounds for the inspector believing the matters in sub-paragraph (3) or (4);

(c)

explain the consequences of failing to comply with the requirement;

(d)

attach evidence of the inspector’s authority to exercise the powers under this paragraph.

(7)

An authorised inspector may vary or withdraw a notice under this paragraph by giving notice of the variation or withdrawal to the person to whom the notice was given.

(8)

Information provided by a person under this paragraph is not admissible in evidence against that person in criminal proceedings except—

(a)

if the proceedings are for a false statement offence, or

(b)

if in the proceedings—

(i)

in giving evidence the person makes a statement inconsistent with the information, and

(ii)

evidence as to the information is adduced, or a question relating to it is asked, by or on behalf of the person.

(9)

In this paragraph—

  • “false statement offence” means an offence under—

    1. (a)

      section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath),

    2. (b)

      section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath), or

    3. (c)

      Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements);

  • “specified” means specified in the notice.

Annotations

Commencement

I1

Sch. 3 para. 3 not in force at Royal Assent, see s. 37(2)