SCHEDULES
SCHEDULE 2Transfer schemes
Provision of information to person making scheme
I1I211
1
A person who proposes to make a scheme (“the scheme authority”) may direct—
a
a proposed transferor, or
b
a proposed transferee,
to provide him with such information as he considers necessary to enable him to make the scheme.
2
Such a direction must specify the period within which the information is to be provided.
3
The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction.
4
If a person fails to comply with such a direction, the scheme authority may serve a notice on him requiring him—
a
to produce to the scheme authority any documents which are specified or described in the notice and are in his custody or under his control; or
b
to provide to the scheme authority such information as may be specified or described in the notice.
5
Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.
6
No person may be required under this paragraph—
a
to produce a document which he could not be compelled to produce in civil proceedings in the court; or
b
to provide information which he could not be compelled to give in evidence in such proceedings.
7
A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
8
If a person fails to comply with a notice under sub-paragraph (4), the court may, on the application of the scheme authority, make such order as the court thinks fit for requiring the failure to be made good.
9
Any order under sub-paragraph (8) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the following—
a
the person in default;
b
any officers of a company or other association who are responsible for its default.
10
In this paragraph—
a
a 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.
11
In this paragraph “the court” means—
a
in England and Wales, the High Court; and
b
in Scotland, the Court of Session.