SCHEDULES
SCHEDULE 12 Transport for London transfer schemes
Provision of information to Transport for London
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—
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.