SCHEDULES
C1C2C3SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 3Powers in relation to the production of information
Procedure for notice under paragraph 14
I1I2I315
1
A notice under paragraph 14 must be in writing and specify the purpose for which the information is required.
2
If the purpose is to enable a person to exercise or to consider whether to exercise a function, the notice must specify the function concerned.
3
The notice may specify—
a
the time within which and the manner in which the person to whom it is given must comply with it;
b
the form in which information must be provided.
4
The notice may require—
a
the creation of documents, or documents of a description, specified in the notice, and
b
the provision of those documents to the enforcer or an officer of the enforcer.
5
A requirement to provide information or create a document is a requirement to do so in a legible form.
6
A notice under paragraph 14 does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce—
a
in proceedings in the High Court on the grounds of legal professional privilege, or
b
in proceedings in the Court of Session on the grounds of confidentiality of communications.
7
In sub-paragraph (6) “communications” means—
a
communications between a professional legal adviser and the adviser's client, or
b
communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))