Small Business, Enterprise and Employment Act 2015

PART 2 Information powers of the Pubs Code Adjudicator

19 (1) The Adjudicator may, for the purposes of an investigation, require a person—

(a) to provide documents in the person’s possession or control;

(b) to provide other information in the person’s possession or control.

(2) The Adjudicator may, for the purposes of monitoring whether a pub-owning business has followed a recommendation made under section 56, require the business—

(a) to provide documents in the possession or control of the business;

(b) to provide other information in the possession or control of the business.

(3) The Adjudicator may, for the purposes of exercising functions in relation to the offer of a market rent only option or the provision of parallel rent assessments, require a person—

(a) to provide documents in the person’s possession or control;

(b) to provide other information in the person’s possession or control.

(4) A requirement imposed under this paragraph may include a requirement for information to be provided orally.

(5) A requirement is imposed by giving written notice specifying—

(a) to whom the information is to be provided,

(b) where it is to be provided,

(c) when, or the time by which, it is to be provided, and

(d) the form and manner in which it is to be provided.

(6) A notice must also explain the possible consequences of failing to comply.

(7) If a notice requires an individual to attend at a particular place, the Adjudicator must offer to pay necessary travelling expenses.

(8) A person may not be required under this paragraph to do anything that the person could not be compelled to do in civil proceedings before the High Court.

20 (1) It is an offence for a person intentionally to fail to comply with a requirement under this Part of this Schedule.

(2) It is a defence for a person charged with that offence to prove that there was a reasonable excuse for the person’s failure.

21 It is an offence for a person knowingly to provide false information in response to a requirement under this Part of this Schedule.

22 A person guilty of an offence under this Part of this Schedule is liable—

(a) on summary conviction, to a fine;

(b) on conviction on indictment, to a fine.