Investigations: evidence

1 For the purpose of an investigation under section 69(8) the Commission may by notice in writing require a person— a to provide information in his possession, b to produce documents in his possession, or c to give oral evidence. 2 A notice may include provision about— a the form of information, documents or evidence; b timing. 3 A notice— a may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment, b may not require a person to do anything that he could not be compelled to do in proceedings before the High Court, and c may not require a person to attend at a place unless the Commission undertakes to pay the expenses of his journey. 4 The Commission may issue a notice under subsection (1) only if it has— a considered whether the matter to which the notice relates has already been sufficiently investigated by another person, and b concluded that it has not. 5 The recipient of a notice may apply to a county court to have the notice cancelled on the grounds that the requirement imposed by the notice— a is unnecessary having regard to the purpose of the investigation to which the notice relates, b contravenes subsection (4) or section 69D, or c is otherwise unreasonable. 6 Subsection (7) applies where the Commission thinks that a person— a has failed without reasonable excuse to comply with a notice, or b is likely to fail without reasonable excuse to comply with a notice. 7 The Commission may apply to a county court for an order requiring a person to take such steps as may be specified in the order to comply with the notice. 8 A person commits an offence if without reasonable excuse he— a fails to comply with a notice, b fails to comply with an order under subsection (7), c falsifies anything provided or produced in accordance with a notice or order, or d makes a false statement in giving oral evidence in accordance with a notice. 9 A person who is guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 A notice under this section may not require the Public Prosecution Service for Northern Ireland to supply documents or evidence about a decision whether or not to institute or continue criminal proceedings.