Central Bank Reform Act 2010

32.

Head of Financial Regulation may require persons to give evidence or produce documents.

32.— (1) The Head of Financial Regulation may serve a notice (in this Part called an “evidentiary notice”) on a person requiring the person—

( a) to appear before the Head of Financial Regulation to give evidence about a matter,

( b) to provide information to the Head of Financial Regulation, or

( c) to produce a document for examination,

if—

(i) the Head of Financial Regulation is investigating the person’s fitness and probity under this Chapter, or

(ii) the Head of Financial Regulation believes on reasonable grounds that the person may be able to give evidence, or to produce a document, that relates to a matter concerning the fitness or probity of a person whose fitness and probity is being investigated under this Chapter.

(2) Without prejudice to the generality of subsection (1), the Head of Financial Regulation may serve a notice under subsection (1) on—

( a) a regulated financial service provider,

( b) a former regulated financial service provider, or

( c) an officer or employee, or former officer or employee, of a regulated financial service provider or a former regulated financial service provider.

(3) An evidentiary notice shall—

( a) specify the matter to which the evidence relates, or specify or describe the document to be produced or the information to be provided, as the case requires,

( b) in the case of a notice to appear before the Head of Financial Regulation to give evidence—

(i) specify the date, time and place at which the person is required to appear before the Head of Financial Regulation, and

(ii) state whether and to what extent the evidence is to be given orally or on affidavit,

and

( c) in the case of a notice to provide information or produce a document for examination, specify—

(i) the date and time by which, and the place at which, the information is to be provided or the document is to be produced, and

(ii) the officer or employee of the Bank to whom the information is to be provided or the document produced.

(4) The Head of Financial Regulation may take a copy or copies of a document produced pursuant to an evidentiary notice, and may retain any such copy.

(5) Nothing in this section affects any power of the Bank, the Governor or the Head of Financial Regulation to obtain documents or information otherwise than under this section.