11(1)A referee acting under this Schedule may by notice in writing require any person—N.I.
(a)to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question on the reference; or
(b)to furnish within such reasonable period as is specified in the notice such information relating to any matter in question on the reference as the referee may think fit and as the person so required is able to furnish;
so however that—
(i)no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
(ii)nothing in this sub-paragraph shall empower the referee to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to answer if the hearing of the reference were a proceeding in a court of law.
(2)The expenses mentioned in paragraph (1)(i) shall be paid or tendered—
(a)where the notice is issued on the application of any party to the reference, by that party;
(b)where the notice is issued without any such application, by the Ministry.
(3)A referee may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.
(4)Any person who refuses or wilfully neglects to attend in obedience to a notice under sub-paragraph (1), or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to furnish any information which he is required to furnish under head (b) of sub-paragraph (1), shall be guilty of an offence.