12(1)If the Secretary of State proposes to make a scheme, the Secretary of State may direct—
(a)a proposed transferor, or
(b)a proposed transferee,
to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the Secretary of State to make the scheme.
(2)If the Secretary of State proposes to modify a scheme, the Secretary of State may direct—
(a)a transferor, or
(b)a transferee,
to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the Secretary of State to modify the scheme.
(3)A direction under sub-paragraph (1) or (2) must specify the period within which the information is to be provided.
(4)The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction.
(5)If a person fails to comply with such a direction, the Secretary of State may serve a notice on the person requiring the person—
(a)to produce to the Secretary of State any documents which are specified or described in the notice and are in the person’s custody or under the person’s control, or
(b)to provide to the Secretary of State such information as may be specified or described in the notice.
(6)Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.
(7)No person may be required under this paragraph—
(a)to produce a document which the person could not be compelled to produce in civil proceedings in the court, or
(b)to provide information which the person could not be compelled to give in evidence in such proceedings.
(8)A person who intentionally alters, suppresses or destroys a document which the person has been required to produce by a notice under sub-paragraph (5) is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, and
(b)on conviction on indictment, to a fine.
(9)If a person fails to comply with a notice under sub-paragraph (5), the court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.
(10)Any order under sub-paragraph (9) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the following—
(a)the person in default;
(b)any officers of a company or other association who are responsible for its default.
(11)In this paragraph—
(a)a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form, and
(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(12)In this paragraph “the court” means—
(a)in England and Wales, the High Court;
(b)in Scotland, the Court of Session;
(c)in Northern Ireland, the High Court.
Commencement Information
I1Sch. 4 para. 12 in force at 26.12.2023, see s. 334(3)(a)