Licence holders shall be under a duty to furnish to the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road in such form and manner as he, they or it may by notice request such information as he, they or it may so request, being information which the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road considers necessary for the purpose of facilitating the performance of any functions of the Secretary of State, the Welsh Ministers, the Scottish Ministers or (as the case may be) that Office under this Part , the Transport Act 2000 or the Railways Act 2005 or any other function or activity of his, theirs or its in relation to railway services.
Holders of railway undertaking licences , and holders of relevant European licences, shall be under a duty to furnish to the Office of Rail and Road in such form and manner as it may by notice request such information as it may so request, being information which the Office of Rail and Road considers necessary for the purpose of facilitating the performance of any of its functions under the Railway (Licensing of Railway Undertakings) Regulations 2005.
A request under subsection (1) or (1A) above must be complied with within such time (being not less than 28 days from the making of the request) as may be specified in the request.
If a request under subsection (1) above is not complied with, the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1) above.
If a request under subsection (1A) above is not complied with, the Office of Rail and Road may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1A) above.
A notice under this subsection is a notice signed by the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road and—
No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.
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A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (4) above to produce is guilty of an offence and shall be liable—
If a person makes default in complying with a notice under subsection (4) above, the court may, on the application of the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road in the case of a request under subsection (1) above, or the Office of Rail and Road in the case of a request under subsection (1A) above, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
In this section "the court" means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.