Part 4: The Health Services Safety Investigations Body Investigatory Powers etc Section 119: Powers to require information etc
This section makes provision for an investigator to obtain information, documents, equipment or other items. An investigator may give a notice requiring someone to attend at a specified time and place to answer questions or to provide information, documents, equipment or other items as specified or of a description specified in the notice by a specified date.
	An investigator may only give a notice in certain circumstances, specified in 119(2). A notice must outline the grounds the investigator has for believing they have fulfilled the circumstances in which a notice may be given and attach evidence of the investigator’s authority from the HSSIB to exercise the powers conferred in this section. It must also give a timescale for responding and an explanation of the consequences of failing to comply with the notice i.e. it could be a criminal offence, as set out in section 121. A person who commits this offence is liable on summary conviction to a fine.
	Information held in an electronic form may be required in a form in which it is legible, and this should be made clear in the notice.
	This section sets out the safeguards that apply where a notice is served. A person is not required by virtue of the notice to provide any information, document, equipment or other item where its provision would risk the safety of any patient, its provision might incriminate the person, or in the case of the information of document, the person would be entitled to refuse to provide it in any legal proceedings in any court on the grounds it is subject to legal professional privilege.
	An investigator may withdraw a notice issued under this section.
	This section allows the HSSIB to retain any document, equipment or other item provided to an investigator, for as long as is necessary, for the purposes of an investigation unless its retention would risk the safety of any patient.
	A person attending to answer questions pursuant to a notice must be reimbursed by the HSSIB for any reasonable costs incurred in attending. The HSSIB may record, by any means, such as in writing or electronically, the answers given by a person for the purposes of an investigation.