Schedule 1: Information and disclosure for third parties Paragraph 2: Provision of information where notice given under paragraph 1
54.Paragraph 2 outlines what a person receiving a notice requesting information under paragraph 1 must do. Sub-paragraph (1) provides that the person must, within 28 days of receiving the notice, provide the person who requested the information with that information or, if he or she is unable to provide the information, notify the person who has requested the information why he or she cannot provide it.
55.Sub-paragraph (2) applies where a document is no longer in the control of the person who received the notice, but at one time the document was under his or her control, and the person knows or believes it is under another person’s control. The sub-paragraph requires the person to provide whatever particulars he or she can as to the nature of the information and the identity of the person who now has the document to the person requesting information. Again this is to be done within 28 days of receipt of the notice.
56.Sub-paragraph (3) provides for the duty to disclose to be enforceable by court order in the event of non-compliance. The court in question in any given case will be determined in accordance with rules of court.
57.Sub-paragraph (4) exempts from the duty to provide information as outlined in this paragraph information in respect of which legal professional privilege, or in Scotland, confidentiality as between client and professional legal adviser, could be claimed and maintained.