PART 2REGISTERED SOCIAL LANDLORDS

CHAPTER 3REGULATION

Inspection

47Inspector's powers to require provision of documents or information: supplemental

After paragraph 19E of Schedule 1 to the Housing Act 1996 insert—

“Inspector's powers to require provision of documents or information: supplemental

19F

(1)

A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(2)

A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)

the registered social landlord to whose affairs or activities the document or information relates,

(b)

a subsidiary of that landlord, or

(c)

an associate of that landlord.

(3)

A person guilty of an offence under paragraph 19E(4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

A person guilty of an offence under paragraph 19E(5) is liable—

(a)

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

(b)

on conviction on indictment, to—

(i)

imprisonment for a term not exceeding two years,

(ii)

a fine, or

(iii)

both.

(5)

Proceedings for an offence under paragraph 19E(4) or (5) may be brought only by or with the consent of—

(a)

the Welsh Ministers, or

(b)

the Director of Public Prosecutions.”