Evidence

20A

1

For the purposes of an inquiry the person or persons conducting it may serve a notice on an appropriate person directing him to attend at a specified time and place and do either or both of the following, namely—

a

give evidence;

b

produce any specified documents, or documents of a specified description, which are in his custody or under his control and relate to any matter relevant to the inquiry.

2

The person or persons conducting such an inquiry—

a

may take evidence on oath and for that purpose administer oaths, or

b

instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matters about which he is examined.

3

In this paragraph—

• “appropriate person” means a person listed in section 30(2);

• “document” has the same meaning as in section 30;

• “inquiry” means an inquiry under paragraph 20.

4

A person may not be required under this paragraph to disclose anything that, by virtue of section 30(4), he could not be required to disclose under section 30.

5

Section 31 (enforcement of notice to provide information, &c) applies in relation to a notice given under this paragraph by the person or persons conducting an inquiry as it applies in relation to a notice given under section 30 by the Relevant Authority, but subject to sub-paragraph (6).

6

A person guilty of an offence under section 31(1) as it applies in accordance with sub-paragraph (5) is liable—

a

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

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

7

Any person who, in purported compliance with a notice given under this paragraph by the person or persons conducting an inquiry, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable to the penalties mentioned in sub-paragraph (6).

8

Proceedings for an offence under sub-paragraph (7) may be brought only by or with the consent of the Relevant Authority or the Director of Public Prosecutions.