Part 6Legal Complaints
Information
I1149Enforcement of requirements to provide information or produce documents
1
This section applies where an ombudsman is of the opinion that a person (“the defaulter”) has failed to comply with a requirement imposed under section 147(1).
2
The ombudsman may certify the defaulter's failure to comply with the requirement to the court.
3
Where an ombudsman certifies a failure to the court under subsection (2), the court may enquire into the case.
4
If the court is satisfied that the defaulter has failed without reasonable excuse to comply with the requirement, it may deal with—
a
the defaulter, and
b
in the case of a body, any manager of the body,
as if that person were in contempt.
5
Subsection (6) applies in a case where the defaulter is an authorised person in relation to any activity which is a reserved legal activity.
6
The ombudsman (“the enforcing ombudsman”) may not certify the defaulter's failure to the court until a report by that or another ombudsman has been made as required by section 148(2) and the enforcing ombudsman is satisfied—
a
that each relevant authorising body to whom such a report was made has been given a reasonable opportunity to take action in respect of the defaulter's failure, and
b
that the defaulter has continued to fail to provide the information or produce the documents to which the requirement under section 147 related.
7
In this section “court” means the High Court.