Part 1Registration of consultant lobbyists
Compliance
I38Duty to monitor
The Registrar must monitor compliance with the obligations imposed by or under this Part.
I1I49Notice to supply information
1
In connection with the duty under section 8, the Registrar may serve a notice (an “information notice”) on a person mentioned in subsection (2) requiring the person to supply information specified in the notice.
2
The persons are—
a
any registered person;
b
any person who is not entered in the register but whom the Registrar has reasonable grounds for believing to be a consultant lobbyist.
3
Regulations may specify descriptions of information which the Registrar may not require a person to supply under this section.
4
An information notice must—
a
specify the form in which the information must be supplied,
b
specify the date by which the information must be supplied, and
c
contain particulars of the right to appeal under section 11.
5
The date specified under subsection (4)(b) must not be before the end of the period within which an appeal under section 11 can be brought.
6
Section 10 sets out limitations on—
a
what information is required to be supplied under a notice, and
b
how information which is supplied may be used.
7
Where an information notice has been served on a person, the Registrar may cancel it by serving written notice to that effect on the person.
I510Limitations on duty to supply information and use of information supplied
1
An information notice does not require a person to supply information if—
a
doing so would disclose evidence of the commission of an offence, other than an offence excluded by subsection (2), and
b
the disclosure would expose the person to proceedings for that offence.
2
The following offences are excluded from subsection (1)—
a
an offence under this Part;
b
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
d
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations etc).
3
Any relevant statement made by a person (“P”) in response to a requirement in an information notice may not be used in evidence against P on a prosecution for an offence under this Part (except section 12(4)) unless the conditions in subsection (4) are met.
4
The conditions are that in the proceedings—
a
in giving evidence P provides information inconsistent with the relevant statement, and
b
evidence relating to the statement is adduced, or a question relating to it is asked, by P or on P's behalf.
5
In subsection (3) “relevant statement”, in relation to a requirement in an information notice, means—
a
an oral statement, or
b
a written statement made for the purposes of the requirement.
I2I611Right to appeal against information notice
1
A person on whom an information notice has been served may appeal to the Tribunal against the notice.
2
If an appeal is brought under this section, the person is not required to supply the information until the date on which the appeal is finally determined or withdrawn.
3
Regulations may make provision for and in connection with the determination of appeals under this section.