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Additional powers of Independent Examiner
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242. (1) For the purposes of the performance of his or her functions, the Independent Examiner may, by notice in writing—
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(a) require an information holder who, in the opinion of the Independent Examiner, possesses information or has a document or thing in his or her power or control which is relevant for the performance of the Independent Examiner’s functions, to provide that information, document or thing to the Independent Examiner, and
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(b) where appropriate, require an information holder or a person nominated on behalf of an information holder to attend before the Independent Examiner for the purpose of a requirement under paragraph (a).
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(2) An information holder the subject of a requirement specified in a notice under subsection (1), or a person nominated by such an information holder, shall comply with the requirement.
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(3) The Independent Examiner and an information holder may agree a memorandum of understanding concerning the manner in which information, documents or things are provided to the Independent Examiner under this section.
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(4) An information holder, or a person nominated by the information holder, required to attend before the Independent Examiner pursuant to a notice under subsection (1)(b)—
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(a) shall, subject to subsection (5), answer fully and truthfully any question put to him or her by the Independent Examiner, and
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(b) if so requested by the Independent Examiner, shall sign a declaration of the truth of his or her answer to the question.
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(5) Where—
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(a) any information, document or thing is provided to the Independent Examiner in accordance with a notice under subsection (1)(a), or
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(b) the Independent Examiner puts a question to a person under subsection (4)(a),
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the information holder or person nominated by the information holder, as the case may be, who provides the information, document or thing or to whom the question is put shall ensure that the information, document or thing provided, or the answer given, as the case may be, is subject to such exclusions or redactions as he or she considers necessary to—
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(i) safeguard international intelligence sources, or
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(ii) conceal the identity of a person, where to reveal the identity of the person might endanger the life or safety of any person.
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(6) The Independent Examiner may request that appropriate facilities and accommodation be made available within the premises of an information holder to permit the examination of information, documents or things and to put questions to individuals and where he or she so requests an information holder shall comply with the request.
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(7) The Minister may, having regard to subsection (6), prescribe the manner in which information, documents or things are to be provided by information holders to the Independent Examiner.
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