Historic Environment (Wales) Act 2023

177 Power of person holding inquiry to require evidence E+W

(1) A person holding a local inquiry under this Part may by summons require any person—

(a) to attend the inquiry, at a time and place stated in the summons, and to give evidence, or

(b) to produce any documents in the person’s possession or under the person’s control which relate to any matter in question at the inquiry.

(2) The person holding the inquiry may take evidence on oath, and for that purpose may administer oaths.

(3) A summons under this section does not require a person to attend the inquiry unless the person’s necessary expenses of attending are paid or offered to the person.

(4) A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(5) It is an offence for a person to—

(a) refuse or deliberately fail to comply with a requirement of a summons under this section, or

(b) deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or imprisonment for a term not exceeding the maximum term for summary offences, or both.

(7) In subsection (6) “the maximum term for summary offences” means—

(a) in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, 6 months;

(b) in relation to an offence committed after it comes into force, 51 weeks.

Commencement Information

I1 S. 177 not in force at Royal Assent, see s. 212(2)

I2 S. 177 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)