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SCHEDULES

SCHEDULE 5U.K.Investigatory powers etc.

Modifications etc. (not altering text)

C1Sch. 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))

C2Sch. 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)

C3Sch. 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 3U.K.Powers in relation to the production of information

Procedure for notice under paragraph 14U.K.

15(1)A notice under paragraph 14 must be in writing and specify the purpose for which the information is required.U.K.

(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.

Commencement Information

I1Sch. 5 para. 15 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2Sch. 5 para. 15 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3Sch. 5 para. 15 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)