SCHEDULES

SCHEDULE 21 Transfer schemes by SRA

Provision of information to Authority

I114

1

Where the Authority proposes to make a transfer scheme, it may direct any person to whom or from whom property is to be transferred under the scheme to provide the Authority with such information as the Authority considers necessary to enable it to make the scheme within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.

2

If a person fails to comply with a direction under sub-paragraph (1), the Authority may serve a notice on him requiring him—

a

to produce to the Authority, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control, or

b

to provide to the Authority, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

3

No person shall be required under this paragraph to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

4

A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under sub-paragraph (2) is guilty of an offence and liable—

a

on summary conviction, to a fine not exceeding the statutory maximum,

b

on conviction on indictment, to a fine.

5

If a person fails to comply with a notice under sub-paragraph (2), the court may, on the application of the Authority, make such order as the court thinks fit for requiring the failure to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

6

Any reference in this paragraph 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 the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

7

In this paragraph “the court” means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.