SCHEDULES
SCHEDULE 12Transfer schemes
Part 4General provisions about transfer schemes
Provision of information to person making scheme
17
Where the Secretary of State proposes to make a scheme under paragraph 1(1), 2(1) or 3(1) he may direct—
a
a proposed transferor,
b
a proposed transferee, or
c
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to provide him with such information as he considers necessary to enable him to make the scheme.
18
1
This paragraph applies to a direction under paragraph 17.
2
The direction must specify the period within which the information is to be provided.
3
The period specified must be not less than 28 days beginning with the day when the direction is given.
4
If a person fails to comply with the direction, the Secretary of State may serve a notice on the person—
a
requiring the person to produce to the Secretary of State, at a time and place specified in the notice, any documents which are specified or described in the notice and are in the person's custody or control, or
b
requiring the person to provide to the Secretary of State, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
5
No person may be required under this paragraph—
a
to produce a document which he could not be compelled to produce in civil proceedings in the High Court, or
b
to provide information which he could not be compelled to give in evidence in such proceedings.
6
A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to a fine.
7
If a person fails to comply with a notice under sub-paragraph (4), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.
8
Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of—
a
the person in default, and
b
any officers of a body corporate or other association who are responsible for its default.
9
In this paragraph—
a
a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form, and
b
the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.