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The Diffuse Mesothelioma Payment Scheme Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Diffuse Mesothelioma Payment Scheme Regulations 2014 No. 916

Request to third parties to provide documents

This section has no associated Explanatory Memorandum

13.—(1) A request which is made under regulation 10(b) for a person other than the applicant to provide any document may be made following a request made by an applicant to the scheme administrator or on the scheme administrator’s own initiative.

(2) The request must be made in writing and must specify—

(a)the document or documents to be produced; and

(b)such period, which must not be less than 14 days from the date of the written request, as is reasonable in all the circumstances within which any specified document is to be produced.

(3) Where any requested document is not produced within the specified period, the scheme administrator must—

(a)send a written notice to the person reminding the person of the request; and

(b)specify a further reasonable period, which must not be less than 7 days from the date of the notice, within which the requested document is to be produced.

(4) The scheme administrator may apply to the court for an order under paragraph (5) where the person has failed to produce a requested document within the further period referred to in paragraph (3).

(5) A court may make an order requiring a person to produce any document requested if it considers it appropriate to do so.

(6) “Court” means—

(a)in England and Wales or Northern Ireland a county court or the High Court, or

(b)in Scotland the sheriff or the Court of Session.

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