206. Powers of Investigators
Past version: effective from 20/10/2015 - 19/10/2015
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(1) The Investigator may, by written notice, require the person who is the Person Under Investigation or any other person (whether or not connected to the Person Under Investigation) to —
(a) attend an interview at a Specified time and place and answer questions;
(b) produce at a Specified time and place any Specified Documents or Documents of a Specified description;
(c) provide such information as the Investigator may require;
(d) provide such assistance as the Investigator may require; or
(e) permit the Investigator to enter the business premises of such person during normal business hours for the purpose of inspecting and copying Documents on such premises.
(2) A requirement under subsection (1) may be imposed only so far as the Investigator reasonably considers the interview, question, production of the Document, provision of information, provision of assistance or permission of entry to be relevant to the purposes of the investigation.
(3) Where the Investigator exercises its power under subsection (1)(e) to enter business premises, it may —
(a) require any appropriate person to make available any relevant information stored at those premises for inspection or copying;
(b) require any appropriate person to convert any relevant information into a form capable of being copied; and
(c) use the facilities of the occupier of the premises, free of charge, to make copies.
(4) Where the Investigator exercises its power under subsection (1)(a) to conduct an interview, it may give a Direction —
(a) concerning who may be present;
(b) preventing any person present during any part of the interview from disclosing to any other person any information provided to the interviewee or questions asked by the interviewer during the interview;
(c) concerning the conduct of any person present, including as to the manner in which they will participate in the interview;
(d) requiring the interviewee to swear an oath or give an affirmation that the answers of the interviewee will be true; and
(e) requiring the interviewee to answer any questions relevant to the investigation.
(5) Subject to section 210(3), it is not a reasonable excuse for a person to refuse or fail to —
(a) permit inspection and copying of any information or Document;
(b) give or produce, or procure the giving or production of, any information or Document; or
(c) answer questions;
pursuant to any requirement under sections 201, 203 and 206(1)(a), (b), (c) and (e) on the grounds that any such information or Document or answer, as the case may be —
(d) might tend to incriminate the person; or
(e) is, or contains, or might reveal a communication made in confidence (subject to section 209(6)).