4Power to obtain information
1
If the Secretary of State considers that, for the purpose of deciding whether to make, vary or revoke safety regulations or a prohibition order or to serve, vary or revoke a prohibition notice or to serve or revoke a notice to warn, he requires information which another person is likely to be able to furnish, the Secretary of State may serve on the other person a notice requiring the person—
a
to furnish to the Secretary of State, within a period specified in the notice, such information as is so specified;
b
to produce such documents as are specified in the notice at a time and place so specified and to permit a person appointed by the Secretary of State for the purpose to take copies of the documents at that time and place;
but a barrister, advocate or solicitor shall not be required by such a notice to furnish information contained in a privileged communication made by or to him in that capacity or to produce a document containing such a communication.
2
A person who—
a
fails, without reasonable cause, to comply with a notice served on him in pursuance of the preceding subsection ; or
b
in purporting to comply with a requirement which by virtue of paragraph (a) of the preceding subsection is contained in a notice served on him in pursuance of that subsection, furnishes information which he knows is false in a material particular or recklessly furnishes information which is false in a material particular,
shall be guilty of an offence and, in the case of an offence under paragraph (a) of this subsection, liable on summary conviction to a fine not exceeding £1,000 and, in the case of an offence under paragraph (b) of this subsection, liable on conviction on indictment to a fine and on summary conviction to a fine of an amount not exceeding the statutory maximum.
3
No information obtained by virtue of this section shall be disclosed except—
a
for the purpose of any criminal proceedings or any investigation with a view to such proceedings; or
b
for the purpose of facilitating the performance by the Director General of Fair Trading of his functions under Part III of the [1973 c. 41.] Fair Trading Act 1973 or for the purpose of any proceedings under the said Part III; or
c
for the purpose of enabling the Secretary of State to decide whether to make, vary or revoke safety regulations or a prohibition order or whether to serve, vary or revoke a prohibition notice or to serve or revoke a notice to warn ; or
d
for the purpose of enabling the Secretary of State or a Northern Ireland Department to fulfil a Community obligation; or
e
in a prohibition notice, a notice to warn or a warning published as required by a notice to warn or in a warning about goods which is published by the Secretary of State;
but the prohibition on disclosure imposed by this subsection does not apply to publicised information.
4
A person who discloses information in contravention of the preceding subsection shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine and, on summary conviction, to a fine of an amount not exceeding the statutory maximum.