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

Cross London Rail Links Limited,

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.