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Amendment of section 33BA of Act of 1942
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61. Section 33BA of the Act of 1942 is amended by the insertion of the following subsections after subsection (9):
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“(10) The Bank may apply to the High Court for an order referred to in subsection (11) in respect of any person who, at an inquiry—
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(a) behaves in a manner referred to in paragraphs (a) to (d) of subsection (9),
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(b) without reasonable excuse, fails to comply or refuses to comply with a requirement or request made by the person presiding at the inquiry,
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(c) threatens or insults any person presiding at the inquiry or any witness or other person summoned or authorised to attend before the inquiry,
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(d) interrupts the proceedings of the inquiry,
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(e) discloses, or authorises the disclosure of, evidence given before the inquiry or any of the contents of a document produced at a hearing that the person presiding at an inquiry has directed not to be published,
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(f) discloses, or authorises the disclosure of, evidence given before the inquiry at a hearing held in private or any of the contents of a document produced at a hearing held in private (except to a member of staff of that inquiry or as permitted by that inquiry), or
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(g) does any other thing that, if the inquiry were a court of law having power to commit for contempt, would be contempt of that court.
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(11) Where the Bank makes an application under subsection (10), the High Court may, if satisfied that there was no reasonable excuse for the act or omission concerned, make an order requiring the person concerned—
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(a) to comply with any request or requirement under this Act, and
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(b) not to repeat the conduct the subject of the application,
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and if the person fails to comply with such order, may deal with the matter as if it were a contempt of that Court.”.
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