SCHEDULE 1Information and disclosure for third parties
Provision of information where notice given under paragraph 1
2
(1)
A person (R) who receives a notice under paragraph 1 must, within the period of 28 days beginning with the day of receipt of the notice—
(a)
provide to the person who gave the notice any information specified in it that R is able to provide;
(b)
in relation to any such information that R is not able to provide, notify that person why R is not able to provide it.
(2)
Where—
(a)
a person (R) receives a notice under paragraph 1,
(b)
there is information specified in the notice that R is not able to provide because it is contained in a document that is not in R's control,
(c)
the document was at one time in R's control, and
(d)
R knows or believes that it is now in another person's control,
R must, within the period of 28 days beginning with the day of receipt of the notice, provide the person who gave the notice with whatever particulars R can as to the nature of the information and the identity of that other person.
(3)
If R fails to comply with a duty imposed on R by this paragraph, the person who gave R the notice may apply to court for an order requiring R to comply with the duty.
(4)
No duty arises by virtue of this paragraph in respect of information as to which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser could be maintained in legal proceedings.