Section 46A: Enforcement of notices under section 46

Courts and Legal Services Act 1990 · 1990 c. 41View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part II: Legal Services

REPEALED on 2009-03-31 by Legal Services Act 2007.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

The High Court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 46(1).

An application under subsection (1) shall include details of the possible failure which the OFT considers has occurred.

In enquiring into a case under subsection (1), the High Court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.

Subsections (5) and (6) apply where the High Court is satisfied, after hearing any witnesses and statements as mentioned in subsection (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under section 46(1).

The High Court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

Where the defaulter is a body corporate, the High Court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.