The Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018

Power to gather information

5.—(1) The General Council of the Bar may make rules requiring a relevant authorised person to produce documents and provide information for the purpose of ascertaining whether or not the provisions of rules or regulations made, or any code issued, by the General Council of the Bar in its capacity as an approved regulator (other than in its role as a licensing authority) are being complied with.

(2) Rules made under paragraph (1) may include provision that—

(a) the General Council of the Bar may, by notice, require a relevant authorised person to produce documents, or documents of a description, specified in the notice;

(b) the General Council of the Bar may, by notice, require a relevant authorised person to provide information, or information of a description, specified in the notice;

(c) the General Council of the Bar may, by notice, require a relevant authorised person to attend at a time and place specified in the notice to provide an explanation of any document produced or information provided by virtue of the rules;

(d) the General Council of the Bar, or a person appointed by it, may take copies of or extracts from a document produced by virtue of the rules;

(e) the General Council of the Bar may pay to a relevant authorised person such reasonable costs as may be incurred by that person in complying with a requirement imposed by virtue of the rules.

(3) A notice given to a relevant authorised person by virtue of rules made under paragraph (1)—

(a) may specify the manner and form in which any documents are to be produced or information is to be provided;

(b) must specify the period within which the documents are to be produced or information is to be provided;

(c) may require documents to be produced or information to be provided to the General Council of the Bar or to a person specified by it.

(4) If a relevant authorised person refuses or otherwise fails to comply with a requirement imposed by virtue of rules made under paragraph (1) to produce documents, provide information, or comply with a notice under paragraph (2)(c), the General Council of the Bar may apply to the High Court for an order requiring the person to comply with that requirement.