Part XI

Information Gathering and Investigations

Conduct of investigations

Information and documents: supplemental provisions
175
1
If the Authority or an investigator has power under this Part to require a person to produce a document but it appears that the document is in the possession of a third person, that power may be exercised in relation to the third person.
2
If a document is produced in response to a requirement imposed under this Part, the person to whom it is produced may—
a
take copies or extracts from the document; or
b
require the person producing the document, or any relevant person, to provide an explanation of the document.
3
If a person who is required under this Part to produce a document fails to do so, the Authority or an investigator may require him to state, to the best of his knowledge and belief, where the document is.
4
A lawyer may be required under this Part to furnish the name and address of his client.
5
No person may be required under this Part to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on the business of banking unless—
a
he is the person under investigation or a member of that person’s group;
b
the person to whom the obligation of confidence is owed is the person under investigation or a member of that person’s group;
c
the person to whom the obligation of confidence is owed consents to the disclosure or production; or
d
the imposing on him of a requirement with respect to such information or document has been specifically authorised by the investigating authority.
6
If a person claims a lien on a document, its production under this Part does not affect the lien.
7
“Relevant person”, in relation to a person who is required to produce a document, means a person who—
a
has been or is or is proposed to be a director or controller of that person;
b
has been or is an auditor of that person;
c
has been or is an actuary, accountant or lawyer appointed or instructed by that person; or
d
has been or is an employee of that person.
8
“Investigator” means a person appointed under section 167 or 168(3) or (5).