High Speed Rail (London - West Midlands) Act 2017

Provision of information to person making scheme

15 (1) Where the Secretary of State proposes to make a transfer scheme, the Secretary of State may direct—

(a) a proposed transferor,

(b) a proposed transferee, or

(c) High Speed Two (HS2) Limited,

to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the scheme to be made.

(2) A direction under sub-paragraph (1) must specify the period (of not less than 28 days beginning with the day when the direction is given) within which the information is to be provided.

(3) If a person fails to comply with the direction, the Secretary of State may give the person a notice requiring the person—

(a) 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) 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.

(4) No person may be required under sub-paragraph (3)—

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

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

(5) If a person fails to comply with a notice under sub-paragraph (3), 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.

(6) Any order under sub-paragraph (5) may include provision requiring all the costs and 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.

(7) In this paragraph, a reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.