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.