SCHEDULE 3Construction products enforcement rules – Northern Ireland

PART 2REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS

CHAPTER 3Prohibition notices and notices to warn

Power to obtain informationI115

1

If the Secretary of State considers that, for the purpose of deciding whether—

a

to serve, vary or revoke a prohibition notice; or

b

to serve or revoke a notice to warn,

information is required which another person is likely to be able to provide, the Secretary of State may serve on the other person a notice under this paragraph.

2

A notice served on any person under this paragraph may require that person—

a

to provide to the Secretary of State such information as is specified in the notice, within a period so specified;

b

to produce such records as are specified in the notice at a time and place so specified and to permit a person appointed by the Secretary of State for the purpose to take copies of the records at that time and place.

3

A person shall be guilty of an offence if the person—

a

fails, without reasonable cause, to comply with a notice served on that person under this paragraph; or

b

in purporting to comply with a requirement which by virtue of sub-paragraph (2)(a) is contained in such a notice—

i

provides information which the person knows is false in a material particular, or

ii

recklessly provides information which is false in a material particular.

4

A person guilty of an offence under sub-paragraph (3) shall—

a

in the case of an offence under paragraph (a) of that sub-paragraph, be liable on summary conviction to a fine not exceeding level 5 on the standard scale;

b

in the case of an offence under paragraph (b) of that sub-paragraph, be liable—

i

on conviction on indictment, to a fine,

ii

on summary conviction, to a fine not exceeding level 5 on the standard scale.