SCHEDULES

SCHEDULE 2Transfer schemes

Provision of information to person making scheme

I1I211

1

A person who proposes to make a scheme (“the scheme authority”) may direct—

a

a proposed transferor, or

b

a proposed transferee,

to provide him with such information as he considers necessary to enable him to make the scheme.

2

Such a direction must specify the period within which the information is to be provided.

3

The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction.

4

If a person fails to comply with such a direction, the scheme authority may serve a notice on him requiring him—

a

to produce to the scheme authority any documents which are specified or described in the notice and are in his custody or under his control; or

b

to provide to the scheme authority such information as may be specified or described in the notice.

5

Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.

6

No person may be required under this paragraph—

a

to produce a document which he could not be compelled to produce in civil proceedings in the court; or

b

to provide information which he could not be compelled to give in evidence in such proceedings.

7

A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—

a

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

b

on conviction on indictment, to a fine.

8

If a person fails to comply with a notice under sub-paragraph (4), the court may, on the application of the scheme authority, make such order as the court thinks fit for requiring the failure to be made good.

9

Any order under sub-paragraph (8) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the following—

a

the person in default;

b

any officers of a company or other association who are responsible for its default.

10

In this paragraph—

a

a reference 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; and

b

the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

11

In this paragraph “the court” means—

a

in England and Wales, the High Court; and

b

in Scotland, the Court of Session.