Investigatory Powers of the Commissioner

12F1Evidence: notice

F2A1

A requirement under section 11(1)(a) may only be imposed on a person by the Commissioner giving the person notice in writing specifying—

(a)

the time and date on which the person is to attend before the Commissioner,

(b)

if the Commissioner requires attendance in person, the place at which attendance is required,

(c)

if the Commissioner requires attendance through a live video link or a live audio link, details of how the person may take part in the live video link or live audio link, and

(d)

the particular subjects on which the person is required to give evidence.

(1)

A requirement under section F311(1)(b) may only be imposed on a person by the Commissioner giving the person in question notice in writing specifying—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the documents, or types of documents, which the person is to produce, the date by which and the person to whom they are to be produced and the particular subjects concerning which they are required.

F5(1A)

A requirement under section 11(1)(c) may only be imposed on a person by the Commissioner giving the person notice in writing specifying—

(a)

the date on which the evidence must be given,

(b)

the address to which the evidence may be sent (whether by hand, by post or electronically),

(c)

the particular subjects on which the person is required to give evidence or the specific questions the person must answer in the evidence, and

(d)

the requirement to verify the evidence by a statement of truth.

F6(2)

Notice under this section may be given by—

(a)

handing it to the person,

(b)

leaving it at the person’s proper address,

(c)

sending it by post to the person at that address, or

(d)

sending it by email to the person’s email address.

(3)

Notice is given in accordance with subsection (2)(a)—

(a)

if the person is a body corporate, by handing it to an officer of the body,

(b)

if the person is a partnership, by handing it to a partner, or

(c)

if the person is an unincorporated association other than a partnership, by handing it to a member of the governing body of the association.

(4)

For the purposes of subsection (2)(b) and (c), the proper address of a person is—

(a)

in the case of a body corporate, the address of the body’s registered or principal office in the United Kingdom;

(b)

in the case of a partnership, the address of the principal office of the partnership in the United Kingdom;

(c)

in any other case, the last known address of the person (whether of the person’s residence or of a place where the person carried on business or is employed) or, if the person has provided an address at which notice may be given under this section, that address.

(5)

For the purposes of subsection (2)(d)—

(a)

a person’s email address is—

(i)

any email address published for the time being by that person as an address for contacting that person, or

(ii)

if there is no such published address, any email address at which the person has agreed to receive notice under this section;

(b)

a notice sent by email is treated as given 48 hours after it was sent, unless the contrary is proved.

(6)

In this section—

“agreed” (“wedi cytuno”) means agreed in writing;

“officer” (“swyddog), in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.