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PART 2 WREGISTERED SOCIAL LANDLORDS

CHAPTER 3WREGULATION

InspectionW

47Inspector's powers to require provision of documents or information: supplementalW

After paragraph 19E of Schedule 1 to the Housing Act 1996 insert—

Inspector's powers to require provision of documents or information: supplemental

19F(1)A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(2)A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)the registered social landlord to whose affairs or activities the document or information relates,

(b)a subsidiary of that landlord, or

(c)an associate of that landlord.

(3)A person guilty of an offence under paragraph 19E(4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)A person guilty of an offence under paragraph 19E(5) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under paragraph 19E(4) or (5) may be brought only by or with the consent of—

(a)the Welsh Ministers, or

(b)the Director of Public Prosecutions.

Commencement Information

I1S. 47 in force at 18.10.2011 by S.I. 2011/2475, arts. 1(2), 2(g)