Part 6E+WLegal Complaints

InformationE+W

147Information and documentsE+W

(1)An ombudsman may, by notice, require a party to a complaint under the ombudsman scheme—

(a)to produce documents, or documents of a description, specified in the notice, or

(b)to provide information, or information of a description, specified in the notice.

(2)A notice under subsection (1) may require the information or documents to be provided or produced—

(a)before the end of such reasonable period as may be specified in the notice, and

(b)in the case of information, in such manner or form as may be so specified.

(3)This section applies only to information and documents the provision or production of which the ombudsman considers necessary for the determination of the complaint.

(4)An ombudsman may—

(a)take copies of or extracts from a document produced under this section, and

(b)require the person producing the document to provide an explanation of it.

(5)If a person who is required under this section to produce a document fails to do so, an ombudsman may require that person to state, to the best of that person's knowledge and belief, where the document is.

(6)No person may be required under this section—

(a)to provide any information which that person could not be compelled to provide or give in evidence in civil proceedings before the High Court, or

(b)to produce any document which that person could not be compelled to produce in such proceedings.

(7)In this section “party”, in relation to a complaint, means—

(a)the complainant;

(b)the respondent;

(c)any other person who in accordance with the scheme rules is to be regarded as a party to the complaint.

Commencement Information

I1S. 147 in force at 6.10.2010 by S.I. 2010/2089, art. 2(a)