Regulation 29 Power to require information by noticeI1
United Kingdom
The Board may, by notice in writing, require any person to provide the Board with any specified records, documents or other information for the purpose of—
determining whether a person is eligible for victims' payments;
determining the amount of victims' payments payable to a person;
making a determination under regulation 10(3)(a);
a further assessment under regulation 33;
determining an appeal under regulation 37, or
reviewing a determination under regulation 43.
A notice under paragraph (1) may specify the date before which the notice must be complied with.
A person to whom a notice under this paragraph is given may make a claim to the Board that—
the person is unable to comply with the notice, or
it is not reasonable in all the circumstances to require the person to comply with the notice.
A claim under paragraph F2(2A) must be considered on behalf of the Board by a panel appointed for this purpose.
On considering a claim under paragraph F3(2A), the panel may confirm, revoke or vary the notice.
A person who is required by a notice under this regulation to provide records or documents must, if doing so would disclose information about another person which is irrelevant to the determination of the application under this Part and the disclosure of which would breach an obligation of confidence, provide the records or documents in a redacted form.
A notice under this section has effect in spite of anything which would otherwise prohibit a person from complying with the notice.
But a requirement of a notice does not have effect if—
complying with the requirement would involve the disclosure of information which, although made in compliance with the requirement, would contravene the data protection legislation, or
the person would be entitled in proceedings before the High Court in Northern Ireland to refuse to comply with the requirement.
The duty to comply with a notice given under paragraph (1) is enforceable by civil proceedings by the President of the Board for an injunction or any other appropriate relief.
Annotations
Textual amendments
- F1
Reg. 29(2A) substituted for reg. 29(2)(a)-(c) (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(3)(a)
- F2
Word in reg. 29(3) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(3)(b)
- F3
Word in reg. 29(4) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(3)(b)
Commencement
- I1
Reg. 29 in force at 29.5.2020, see reg. 1(3)