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Chapter 2
Information and records
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Power of Regulator to require information and records
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36. (1) Where the Regulator is of the opinion that it is necessary to do so for the purpose of the performance of its functions, the Regulator may give a direction to an AHB requiring it—
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(a) to provide to the Regulator the information specified in the direction,
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(b) to provide to the Regulator the records so specified, or
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(c) to prepare, as necessary, and provide to the Regulator any plans, accounts or other documents so specified.
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(2) An AHB to whom a direction is given under subsection (1) shall comply with the direction at such time or times, or within such period, as may be specified in the direction.
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(3) The Regulator may require that information, records or other documents provided in compliance with a direction under subsection (1) be certified or attested as to their authenticity or correctness in such manner as the Regulator may reasonably require, including by statutory declaration.
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(4) The Regulator may make copies of any records or other documents provided in compliance with a direction under subsection (1).
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(5) Information, records or other documents provided in compliance with a direction under subsection (1) shall be provided in such form and manner as the Regulator may reasonably require.
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(6) A person who, in purported compliance with a direction under subsection (1), knowingly or recklessly provides to the Regulator any information, record, plan, account or other document specified in the direction that is false or misleading in a material respect, or who believes any such information, record, plan, account or other document when provided by that person, in purported compliance with a direction under subsection (1), not to be true, shall be guilty of an offence.
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(7) This section does not limit any other power of the Regulator to require the provision of information or records or the preparation and provision of documents.
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