Chemicals Act 2008

27.

Power to require information.

27.— (1) A national authority may, by notice (in this Act referred to as an “information notice”) served on a person, require the person to give to that national authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the national authority may reasonably require for the proper performance by it of its functions under the relevant chemicals statutory provisions.

(2) The period specified in the information notice may be extended at the discretion of that national authority on the application of the person on whom the notice is served.

(3) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(4) Where, on the hearing of an appeal under subsection (3), an information notice is confirmed or varied, the judge of the District Court 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 the judge considers appropriate.

(5) Subject to subsection (6), a person on whom an information notice is served shall comply with the notice before the later of—

(a) the end of the period specified in the notice, or

(b) where the period referred to in paragraph (a) is extended under subsection (2), the end of that extended period.

(6) Where an appeal is brought under this section, and the information notice to which the appeal relates is confirmed or varied or the appeal is withdrawn, the person on whom the notice is served shall comply with the notice before—

(a) the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn,

(b) the end of the period specified in the notice, or

(c) where the operation of the notice has been suspended under subsection (4), the end of the period of suspension,

whichever occurs latest.