Schedule 10 – Commissioner’s investigation of failure to comply with standards etc Paragraphs 5 and 6 – Evidence notices
390.In the course of an investigation, the Commissioner may give a person (referred to as “A”) an evidence notice, which may require A to do one or more of the following: to provide information in A’s possession; to provide documents in A’s possession; or to give oral evidence. However A cannot be compelled to do anything that A could not be compelled to do if the proceedings were before a High Court.
391.The paragraph sets out what the notice may or must contain, including informing A of the consequences for not complying with the notice and of the right of appeal under paragraph 9.
392.If a person (referred to as “B”) provides information, documents or gives oral evidence, the Commissioner has the discretion to make payments for expenses properly incurred and allowances by way of compensation for loss of B’s time. Any such payments will be made in accordance with payment scales and conditions as may be determined by the Commissioner.