Part IIIOther functions of the Commission and the Council

The Commission

47Power of the Commission to require information

1

The Commission may, for any relevant purpose, serve notice on any person requiring him—

a

to produce any documents which are specified or described in the notice and are in that person’s custody or under his control, and

b

to produce them at a time and place so specified and to a person so specified.

2

The Commission may, for any relevant purpose, serve notice on any person who carries on any business requiring him—

a

to supply to the Commission such information as may be specified or described in the notice, and

b

to supply it at a time and place and in a form and manner so specified and to a person so specified.

3

The person to whom any document is produced in accordance with a notice under this section may, for any relevant purpose, copy the document so produced.

4

No person shall be required under this section—

a

to produce any documents which he could not be compelled to produce in civil proceedings before the court, or

b

to supply any information which he could not be compelled to supply in evidence in such proceedings.

5

Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

6

In this section—

  • “the court”—

    1. a

      in relation to England and Wales or Northern Ireland, means the High Court, and

    2. b

      in relation to Scotland, means the Court of Session,

  • “relevant purpose” means any purpose connected with—

    1. a

      the investigation of an offence under section 6 or any proceedings for such an offence, or

    2. b

      the exercise of the Commission’s functions under section 22, 23, 24, 30, 42 or 44(4) or (5).