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Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 1 — Monetary penalty notices
“notice” means notice in writing;
“notice of intent” has the meaning given by paragraph 4(3);
“registered company” means a company registered under the
enactments relating to companies for the time being in force in the
United Kingdom.
PART 2
INFORMATION PROVISIONS
Information notices
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(1) The Commissioner may by notice (an “information notice”) request any
person on whom the Commissioner is considering whether to serve a Part 1
notice of intent or a Part 1 monetary penalty notice to provide such
information as the Commissioner reasonably requires for the purpose of
deciding whether to serve it.
(2) Where the Commissioner requests that documents be produced, the
Commissioner may take copies of, or extracts from, any document so
produced.
(3) An information notice must—
(a) specify or describe the information to be provided,
(b) specify the manner in which, and the period within which, the
information is to be provided,
(c) state that the Commissioner considers that the information is
information which the Commissioner reasonably requires for the
purpose of deciding whether to serve a Part 1 notice of intent or (as
the case may be) a Part 1 monetary penalty notice,
(d) state the Commissioner’s grounds for this view, and
(e) provide details of the rights of appeal under paragraph 15 in respect
of the information notice.
(4) For the purposes of sub-paragraph (3)(b)—
(a) specifying the manner in which the information is to be provided
may include specifying the form in which it is to be provided, and
(b) the specified period within which the information is to be provided
must not be less than 28 days beginning with the day after the day on
which the information notice is served.
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(1) The Commissioner may not vary an information notice except as set out in
sub-paragraph (2).
(2) The Commissioner may vary an information notice by extending the period
within which the information is to be provided if the person on whom the
notice is served appeals under paragraph 15 in relation to the notice.
(3) Sub-paragraph (1) does not prevent the Commissioner from serving a new
information notice instead of varying such a notice.
(4) The Commissioner may cancel an information notice.
(5) A variation or cancellation of an information notice is effected by serving on
the person on whom the notice was served a notice setting out the variation
or cancellation.