(1)The [F1OFT] may, for the purpose of assisting [F2it] —
(a)to determine whether to make an order under section 3 or section 4 above, and
(b)in the exercise of any of [F2its] functions under sections 5, 6 and 8 above and 13 and 17 below,
by notice require any person to furnish to [F2it] such information as may be specified or described in the notice or to produce to [F2it] any documents so specified or described.
(2)A notice under this section—
(a)may specify the way in which and the time within which it is to be complied with and, in the case of a notice requiring the production of documents, the facilities to be afforded for making extracts, or taking copies of, the documents; and
(b)may be varied or revoked by a subsequent notice.
(3)Nothing in this section shall be taken to require a person who has acted as counsel or solicitor for any person to disclose any privileged communication made by or to him in that capacity.
(4)A person who—
(a)refuses or wilfully neglects to comply with a notice under this section, or
(b)in furnishing any information in compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular, or
(c)with intent to deceive, produces in compliance with such a notice a document which is false in a material particular,
shall be liable on conviction on indictment or on summary conviction to a fine which, on summary conviction, shall not exceed the statutory maximum.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)It shall be the duty of—
(a)the Equal Opportunities Commission,
(b)the Equal Opportunities Commission for Northern Ireland, and
(c)the Commission for Racial Equality,
to furnish to the [F1OFT] such information relating to any finding, notice, injunction or order falling within paragraph 2 of Schedule 1 to this Act as is in their possession and appears to them to be relevant to the functions of the [F1OFT] under this Act.
Textual Amendments
F1Word in s. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(8)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2Words in s. 9(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3S. 9(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Modifications etc. (not altering text)
C1The text of s. 9(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.