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Crossrail Act 2008

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This is the original version (as it was originally enacted).

Provision of information to person making scheme

This section has no associated Explanatory Notes

18(1)This paragraph applies to a direction under paragraph 17.

(2)The direction must specify the period within which the information is to be provided.

(3)The period specified must be not less than 28 days beginning with the day when the direction is given.

(4)If a person fails to comply with the direction, the Secretary of State may serve a notice on the person—

(a)requiring the person to produce to the Secretary of State, at a time and place specified in the notice, any documents which are specified or described in the notice and are in the person’s custody or control, or

(b)requiring the person to provide to the Secretary of State, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(5)No person may be required under this paragraph—

(a)to produce a document which he could not be compelled to produce in civil proceedings in the High Court, or

(b)to provide information which he could not be compelled to give in evidence in such proceedings.

(6)A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—

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

(b)on conviction on indictment, to a fine.

(7)If a person fails to comply with a notice under sub-paragraph (4), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.

(8)Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of—

(a)the person in default, and

(b)any officers of a body corporate or other association who are responsible for its default.

(9)In this paragraph—

(a)a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form, and

(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

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