Power to request information
36.—(1) The Secretary of State may give notice to—
(a)a collective management organisation,
(b)a member,
(c)a right holder or a body representing the interests of right holders,
(d)a user or a body representing the interests of users,
(e)an entity to which a provision of these Regulations applies under paragraph (4) of regulation 2 (interpretation and application), or
(f)an independent management entity,
requiring it to supply to the Secretary of State such information or document as may be specified or described in the notice for the purpose of ascertaining whether these Regulations have been complied with.
(2) The notice may require the person to whom it is given to supply the information or document referred to in paragraph (1) at a time and a place and in a form and manner which is specified.
(3) The person to whom the notice is given shall supply to the Secretary of State the information or document which is specified or described in the notice under paragraph (1) in accordance with what is specified under paragraph (2).
(4) The Secretary of State may, for the purpose described in paragraph (1), copy any document or information provided.
(5) Nothing in this regulation gives the Secretary of State any power to require a person to supply any information or document which the person would be entitled to refuse to supply in proceedings in the High Court on the grounds of legal professional privilege or (in Scotland) in proceedings in the Court of Session on the grounds of confidentiality of communications.
(6) In paragraph (5) “communications” means—
(a)communications between a professional legal adviser and the adviser’s client; or
(b)communications made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
(7) Nothing in this regulation shall be construed as requiring a person to provide information if to do so might incriminate that person.
(8) A reference in this regulation to the supply of a document is a reference to the supply of a legible and intelligible copy of information recorded otherwise than in legible form.