Water Industry Act 1991

[F1 Evidence U.K.

Textual Amendments

F1 Sch. 16 inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 6; S.I. 2016/465, art. 2(l) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

4 (1) Regulations under this Schedule may make provision about— U.K.

(a) requiring the production of documents;

(b) requiring persons to attend an oral hearing;

(c) requiring persons attending an oral hearing—

(i) to give evidence at the hearing;

(ii) to make representations and observations;

(d) requiring persons—

(i) to produce a written statement;

(ii) to verify the statement by a statement of truth.

(2) No person is to be compelled under the regulations—

(a) to produce a document that the person could not be compelled to produce in civil proceedings in the High Court;

(b) to give evidence which the person could not be compelled to give in civil proceedings in the High Court;

(c) to produce a written statement with respect to a matter about which the person could not be compelled to give evidence in civil proceedings in the High Court.

(3) The regulations may provide for a notice requiring the production of documents, attendance of a person, or the production of a written statement to be issued by any member of the CMA.

5 (1) Regulations under this Schedule may provide for penalties to be imposed where— U.K.

(a) a person fails without reasonable excuse to comply with a requirement imposed in accordance with regulations under paragraph 4;

(b) having been required to produce a document in accordance with paragraph 4, a person wilfully alters, suppresses or destroys the document;

(c) having been required to produce a written statement in accordance with paragraph 4, a person makes without reasonable excuse a false statement in the written statement produced;

(d) having been required by appeal rules to verify information with a statement of truth, a person provides without reasonable excuse information that is false in a material particular.

(2) The regulations may provide for conduct falling within sub-paragraph (1)(a), (c) or (d) to be punished by the High Court as if the person had been guilty of contempt.

(3) The regulations may provide that, where a body corporate may be punished for contempt of court, the High Court has power to punish for contempt of court any director or other officer of the body (instead of or as well as the body).

(4) The regulations may provide for conduct falling within sub-paragraph (1)(b) to be an offence triable either summarily or on indictment.

(5) The regulations may provide for such an offence to be punishable—

(a) on summary conviction, by a fine not exceeding the statutory maximum;

(b) on conviction on indictment, by imprisonment for a term not exceeding two years or by a fine, or by both.]