Part VII Human Rights and Equal Opportunities

Human rights

69AF1Investigations: evidence

1

For the purpose of an investigation under section 69(8) the Commission may by notice in writing require a person—

a

to provide information in his possession,

b

to produce documents in his possession, or

c

to give oral evidence.

2

A notice may include provision about—

a

the form of information, documents or evidence;

b

timing.

3

A notice—

a

may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment,

b

may not require a person to do anything that he could not be compelled to do in proceedings before the High Court, and

c

may not require a person to attend at a place unless the Commission undertakes to pay the expenses of his journey.

4

The Commission may issue a notice under subsection (1) only if it has—

a

considered whether the matter to which the notice relates has already been sufficiently investigated by another person, and

b

concluded that it has not.

5

The recipient of a notice may apply to a county court to have the notice cancelled on the grounds that the requirement imposed by the notice—

a

is unnecessary having regard to the purpose of the investigation to which the notice relates,

b

contravenes subsection (4) or section 69D, or

c

is otherwise unreasonable.

6

Subsection (7) applies where the Commission thinks that a person—

a

has failed without reasonable excuse to comply with a notice, or

b

is likely to fail without reasonable excuse to comply with a notice.

7

The Commission may apply to a county court for an order requiring a person to take such steps as may be specified in the order to comply with the notice.

8

A person commits an offence if without reasonable excuse he—

a

fails to comply with a notice,

b

fails to comply with an order under subsection (7),

c

falsifies anything provided or produced in accordance with a notice or order, or

d

makes a false statement in giving oral evidence in accordance with a notice.

9

A person who is guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

10

A notice under this section may not require the Public Prosecution Service for Northern Ireland to supply documents or evidence about a decision whether or not to institute or continue criminal proceedings.