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.