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Government of Wales Act 1998
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Changes over time for: Section 75
No longer has effect: 03/05/2007
Alternative versions:
- 01/12/1998- Amendment
- 03/05/2007- Amendment
- 01/10/1998
Point in time - Prospective- Amendment
- Stop date 03/05/2007- Amendment
- 01/10/1998
Point in time
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Point in time view as at 01/10/1998. This version of this provision never came into effect.
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Government of Wales Act 1998, Section 75 is up to date with all changes known to be in force on or before 24 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
75 Witnesses and documents: supplementary.U.K.
(1)Where a requirement has been imposed on a person under section 74(1) to attend proceedings—
(a)the presiding officer or deputy presiding officer, or the Assembly member who chairs the committee or sub-committee concerned, or
(b)such other person as may be authorised by the standing orders,
may require him to take an oath (or make an affirmation) before he gives evidence at the proceedings and may administer the oath (or affirmation) to him.
(2)A person to whom a notice under section 74(6) has been given is guilty of an offence if he—
(a)refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,
(b)refuses to take an oath (or make an affirmation) when required to do so in accordance with subsection (1),
(c)refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,
(d)refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or
(e)intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.
(3)A person guilty of an offence under subsection (2) is liable on summary conviction to—
(a)a fine not exceeding level 5 on the standard scale, or
(b)imprisonment for a term not exceeding [F151 weeks] .
(4)A person is not obliged by section 74 to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales; and subsection (2) has effect accordingly.
(5)The Secretary of State may by order amend Schedule 5 by—
(a)adding or omitting any body or office, or
(b)altering the description of any body or office.
(6)For the purposes of section 74 and this section—
(a)a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document, and
(b)“document” means anything in which information is recorded in any form (and references to producing a document are to the production of the information recorded in it in a visible and legible form).
Textual Amendments
F1Words in s. 75(3)(b) substituted (prosp.) by Criminal Justice Act 2003 (c. 44), ss. 280(2), 336, Sch. 26 para. 50 (with s. 280(3) (which substituting provisions were repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 , the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.)
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