Northern Ireland Act 1998

Valid from 01/08/2007

[F1 69A Investigations: evidence U.K.

(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.]

Textual Amendments

F1 Ss. 69A, 69B inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3)