Financial Services and Markets Act 2000 Explanatory Notes

Section 18: Obstruction and contempt

53.The powers of the person appointed to conduct an inquiry are enforceable through certification to the High Court or Court of Session. The person conducting the inquiry must provide the court with a certificate stating the requirement that was imposed and the nature and facts of the alleged failure to comply.  The court may then enquire into the matter, hearing witnesses and seeing documents as necessary.  If it finds that a person has failed to comply with requirements placed upon him by the person holding the investigation, the court may deal with them as it would with a person in contempt of court.

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