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SCHEDULES

Sections 4 and 7

SCHEDULE 2Information powers

1(1)The Adjudicator may, for the purposes of an investigation, require a person—

(a)to provide documents in the person’s possession or control;

(b)to provide other information in the person’s possession or control.

(2)The Adjudicator may, for the purposes of monitoring whether a large retailer has followed a recommendation made under section 7, require the retailer—

(a)to provide documents in the retailer’s possession or control;

(b)to provide other information in the retailer’s possession or control.

(3)A requirement imposed under this paragraph may include a requirement for information to be provided orally.

(4)A requirement is imposed by giving a written notice specifying—

(a)to whom the information is to be provided;

(b)where it is to be provided;

(c)when, or the time by which, it is to be provided;

(d)the form and manner in which it is to be provided.

(5)A notice must also explain the possible consequences of failing to comply.

(6)If a notice requires an individual to attend at a particular place the Adjudicator must offer to pay necessary travelling expenses.

(7)A person may not be required under this paragraph to do anything that the person could not be compelled to do in civil proceedings before—

(a)the High Court in England and Wales or Northern Ireland; or

(b)the Court of Session in Scotland.

2(1)It is an offence for a person intentionally to fail to comply with a requirement under this Schedule.

(2)It is a defence for a person charged with that offence to prove that there was a reasonable excuse for the person’s failure.

3It is an offence for a person knowingly to provide false information in response to a requirement under this Schedule.

4A person guilty of an offence under this Schedule is liable—

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

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