| |
PART VI
Obtaining and Disclosure of Information
|
|
|
Obtaining of information by the Authority.
|
42.—(1) The Authority may, for the purpose of obtaining information which the Authority or an enforcing agency requires for the discharge of its functions, by a notice in writing (in this section referred to as “a notice requiring information”) served on any person, require such person to furnish to the Authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.
|
|
| |
(2) The Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the protection of the safety, health or welfare of persons under any of the relevant statutory provisions.
|
|
| |
(3) A person shall provide the information requested in a notice requiring information—
|
|
| |
(a) where no appeal is taken against the notice—
|
|
| |
(i) on the expiration of the period during which such an appeal may be taken; or
|
|
| |
(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or
|
|
| |
(iii) on such subsequent day as the Authority may agree to in writing,
|
|
| |
whichever is the later;
|
|
| |
(b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—
|
|
| |
(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn; or
|
|
| |
(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or
|
|
| |
(iii) in case the operation of the notice has been suspended in accordance with subsection (4) (b), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that subsection,
|
|
| |
whichever is the later.
|
|
| |
(4) (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the Justice may—
|
|
| |
(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or
|
|
| |
(ii) cancel the notice;
|
|
| |
(b) where on the hearing of an appeal under this subsection a notice requiring information is confirmed, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate;
|
|
| |
(c) the Justice determining an appeal under this subsection may make such order as to the payment of costs in respect of the appeal as he considers appropriate.
|
|
| |
(5) Where any opinion of the Authority to which subsection (2) relates purports to be contained in any document which—
|
|
| |
(a) purports to have been made by or at the direction of the Authority; and
|
|
| |
(b) is produced in evidence by an officer of the Authority in any proceedings,
|
|
| |
such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.
|
