The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011

Provision of information as to compliance with licensed body's licenceE+W

This section has no associated Explanatory Memorandum

5.—(1) The High Court, on the application of the Society, may order a person who does not fall within section 93(2) of the 2007 Act (information) to—

(a)provide information, or information of a description, specified in the order; or

(b)produce documents, or documents of a description, specified in the order.

(2) The High Court may make an order under this article only if it is satisfied that—

(a)it is likely that the information or document is in the possession or custody of, or under the control of, the person; and

(b)there is reasonable cause to believe that the information or document is likely to be of material significance for the purpose of enabling the Society to ascertain whether the terms of a licensed body's licence are being, or have been, complied with.

(3) An order under this article may direct the Society to pay to a person specified in the order such reasonable costs as may be incurred by that person in connection with the provision of any information, or production of any document, by that person pursuant to the order.

(4) An order under this article—

(a)may specify the time and place at which, and the manner and form in which, the information is to be provided or the document is to be produced;

(b)must specify the period within which the information is to be provided or the document produced;

(c)may require the information to be provided, or the document to be produced, to the Society or to a person specified in the order.

(5) Paragraphs 10, 12, 13 and 15 to 17 of Schedule 14 to the 2007 Act apply in relation to an order under this article as they apply in relation to an order under paragraph 9 of that Schedule, except that for this purpose, each reference to the licensing authority in paragraph 13(1) and (2) of that Schedule is to be construed as including a reference to any person specified under paragraph (4)(c) of this article.