Part VII INFORMATION PROVISIONS

Powers to acquire and duties to provide information

C1203 Power to acquire information for enforcement purposes.

F51

The Minister or the Authority may serve a notice under subsection (2) in respect of—

a

a company that holds an appointment as a relevant undertaker, if of the opinion that Condition 1 is satisfied, or

b

a person who holds a licence under Chapter 1A of Part 2, if of the opinion that Condition 2 is satisfied.

1A

Condition 1 is that the company—

a

may be contravening, or may have contravened, a condition of the appointment or a statutory or other requirement enforceable under section 18,

b

may be causing or contributing to, or may have caused or contributed to, a contravention by another company holding an appointment as a relevant undertaker of a condition of the appointment or a statutory or other requirement enforceable under section 18,

c

may be causing or contributing to, or may have caused or contributed to, a contravention by a person holding a licence under Chapter 1A of Part 2 of a condition of the licence or a statutory or other requirement enforceable under section 18,

d

has not met the standards prescribed under section 38(2) in connection with the provision of supplies of water, or

e

has not met the standards prescribed under section 95(2) in connection with the provision of sewerage services.

1B

Condition 2 is that the person—

a

may be contravening, or may have contravened, a condition of the licence or a statutory or other requirement enforceable under section 18,

b

may be causing or contributing to, or may have caused or contributed to, a contravention by a company holding an appointment as a relevant undertaker of a condition of the appointment or a statutory or other requirement enforceable under section 18,

c

may be causing or contributing to, or may have caused or contributed to, a contravention by another person holding a licence under Chapter 1A of Part 2 of a condition of the licence or a statutory or other requirement enforceable under section 18,

d

has not met the standards prescribed under section 38ZA(2) in connection with the provision of water supplies, or

e

has not met the standards prescribed under section 95ZA(2) in connection with the provision of sewerage services.

1C

The notice may be served—

a

on any person;

b

for any purpose connected with powers under Chapter 2 of Part 2.

2

A notice under this subsection is a notice signed by the F2Minister or F7the Authority and—

a

requiring the person on whom it is served to produce, at a time and place specified in the notice, to—

i

the F2Minister or F7the Authority; or

ii

any person appointed by the F2Minister or F7the Authority for the purpose,

any documents which are specified or described in the notice and are in that person’s custody or under his control; or

b

requiring that person, if he is carrying on a business, to furnish, at the time and place and in the form and manner specified in the notice, the F2Minister or F7the Authority with such information as may be specified or described in the notice.

3

No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the High Court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.

4

A person who, without reasonable excuse, fails to do anything required of him by a notice under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

5

A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (2) above to produce shall be guilty of an offence and liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

6

If a person makes default in complying with a notice under subsection (2) above, the High Court may, on the application of the F6Minister or F7the Authority, make such order as the Court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

7

Nothing in this section shall be construed as restricting any power of the Secretary of State or F7the Authority under section 202 above or the conditions of an appointment under Chapter I of Part II of this Act F1or of a licence under Chapter 1A of that Part to require a company holding such an appointment F4or a person holding such a licence to produce any document to him or to furnish him with any information.

F38

The Minister” means—

a

the Secretary of State, in respect of—

i

any relevant undertaker whose area is wholly or mainly in England;

ii

any water supply licensee or sewerage licensee carrying out licensed activities using the supply system or sewerage system of any such undertaker;

b

the Welsh Ministers, in respect of—

i

any relevant undertaker whose area is wholly or mainly in Wales;

ii

any water supply licensee or sewerage licensee carrying out licensed activities using the supply system or sewerage system of any such undertaker.

9

In this section—

a

references to the supply system of a water undertaker are to be construed in accordance with section 17B;

b

references to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7).