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Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Power to call for witnesses and documents

This section has no associated Explanatory Notes

28.—(1) In carrying out any investigation under this Part the Commissioner may require any person—

(a)to attend before the Commissioner for the purpose of giving evidence, or

(b)to produce to the Commissioner documents in the custody or under the control of that person,

relating to the investigation.

(2) The Commissioner may not impose such a requirement upon any person whom the Assembly could not require, under section 44 of the 1998 Act, to attend its proceedings for the purpose of giving evidence or to produce any document for the same purpose.

(3) A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in proceedings in a court in Northern Ireland.

(4) For the purposes of this section—

(a)a person shall be taken to comply with a requirement to produce a document if that person produces a copy of the document or an extract of the relevant part of the document;

(b)“document” means anything in which information is recorded in any form; and

(c)references to producing a document are to producing the information recorded in it in a visible and legible form.

(5) The Commissioner may agree the payment to persons giving evidence, or producing documents relating to an investigation (whether or not as the result of a requirement imposed under this section), of such reasonable allowances and expenses as the Commissioner may determine.

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