Financial Services and Markets Act 2000

161 Power of [F1 OFT] to request information. U.K.

(1) For the purpose of investigating any matter with a view to its consideration under section 160, the [F1 OFT] may exercise the powers conferred on [F2 it] by this section.

(2) The [F1 OFT] may by notice in writing require any person to produce to [F2 it] or to a person appointed by [F2 it] for the purpose, at a time and place specified in the notice, any document which—

(a) is specified or described in the notice; and

(b) is a document in that person’s custody or under his control.

(3) The [F1 OFT] may by notice in writing—

(a) require any person carrying on any business to provide [F2 it] with such information as may be specified or described in the notice; and

(b) specify the time within which, and the manner and form in which, any such information is to be provided.

(4) A requirement may be imposed under subsection (2) or (3)(a) only in respect of documents or information which relate to any matter relevant to the investigation.

(5) If a person (“the defaulter”) refuses, or otherwise fails, to comply with a notice under this section, the [F1 OFT] may certify that fact in writing to the court and the court may enquire into the case.

(6) If, after hearing any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence, the court is satisfied that the defaulter did not have a reasonable excuse for refusing or otherwise failing to comply with the notice, the court may deal with the defaulter as if he were in contempt.

(7) “Court” means—

(a) the High Court; or

(b) in relation to Scotland, the Court of Session.

Textual Amendments

F1 Words in s. 161 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(4); S.I. 2003/766, art. 2, Sch. (with art. 3)

F2 Word in s. 161 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(4); S.I. 2003/766, art. 2, Sch. (with art. 3)