Valid from 03/07/2000
11(1)Where Transport for London proposes to make a transfer scheme under section 217 of this Act, it may direct any person to whom, or from whom, property is to be transferred under the scheme—E+W+S
(a)to provide Transport for London with such information as Transport for London considers necessary to enable it to make the scheme; and
(b)to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.
(2)If a person fails to comply with a direction under sub-paragraph (1) above, Transport for London may serve a notice on him requiring him—
(a)to produce to Transport for London, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
(b)to provide to Transport for London, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
(3)No person shall be required under this paragraph—
(a)to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
(b)in complying with any requirement for the provision of information, to provide 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 sub-paragraph (2) above is 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 to produce by a notice under sub-paragraph (2) above is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(6)If a person makes default in complying with a notice under sub-paragraph (2) above, the court may, on the application of Transport for London, make such order as the court thinks fit for requiring the default to be made good.
(7)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.
(8)In this paragraph—
(a)any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(9)In this paragraph “the court” means the High Court.