Investigations by the Regulator
5
1
This section applies if the Regulator has reason to believe that a person may be carrying on a forensic science activity to which the code applies in a way that creates a substantial risk of—
a
adversely affecting any investigation, or
b
impeding or prejudicing the course of justice in any proceedings.
2
The Regulator may investigate the carrying on by that person of any forensic science activity to which the code applies.
3
For the purposes of any such investigation, the Regulator may require the person mentioned in subsection (1) to provide to the Regulator—
a
copies of documents in the person's possession or control;
b
other information in the person's possession or control.
4
A requirement under subsection (3) may include a requirement for information to be provided orally.
5
A requirement under subsection (3) is imposed by giving a written notice to the person specifying—
a
a description of the information that is required;
b
when, or the time by which, the information is to be provided;
c
the form and manner in which the information is to be provided.
6
A person may not be required under subsection (3) to do anything that the person could not be compelled to do in proceedings before the High Court.
7
A disclosure of information pursuant to a requirement under subsection (3) does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
8
A person may not be required under subsection (3) to disclose information if to do so—
a
would contravene the data protection legislation (but in determining whether the disclosure would do so, the duty imposed by virtue of that subsection is to be taken into account), or
b
would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
9
In subsection (8)(a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
10
The Regulator may bring proceedings for an injunction (including an interim injunction) for the purpose of securing compliance with a requirement imposed under this section.
11
In this Act “proceedings” means proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales, within the meaning of section 4 of the Rehabilitation of Offenders Act 1974.
S. 5(1)(2) modified (25.7.2022) by The Forensic Science Regulator Act 2021 (Commencement No. 1 and Transitional Provision) Regulations 2022 (S.I. 2022/856), regs. 1(2), 3
S. 5 in force at 25.7.2022 by S.I. 2022/856, reg. 2(c)