Page 56 - IOM Law Society Rules Book

6 Advocates (Amendment) Act 2010 c.1

Power to require explanation of information or document

3. The Council may by notice require a person to whom a notice is given
under paragraph 1, or a representative of that person, to attend at a time and place
specified in the notice to provide an explanation of any information provided or
document produced pursuant to the notice.

Failure to provide explanation

4. Except in a case where an application has been made to the High Court
under paragraph 5(5), if any person refuses, neglects or otherwise fails to comply
with a requirement under paragraph 3, he or she is guilty of an offence and liable
on summary conviction to a fine not exceeding £1,000.

Powers of High Court

5. (1) The High Court, on the application of the Society, may order a person
required to provide information pursuant to a notice under paragraph 1(1)(a) to
provide the information to any person appointed by the Society at such time and
place as may be specified in the order.

(2) The High Court, on the application of the Society, may order a person
required to produce documents by a notice given to him or her under paragraph
1(1)(b) to produce or deliver them to any person appointed by the Society at such
time and place as may be specified in the order, and authorise that person to take
possession of them on behalf of the Society.

(3) If, on an application by the Society, the High Court is satisfied that
there is reason to suspect that documents in relation to which the powers conferred
by paragraph 1(1)(b) are exercisable have come into the possession or under the
control of some person other than the person to whom a notice was given under
that paragraph, the High Court may order that person to produce or deliver the
documents to any person appointed by the Society at such time and place as may
be specified in the order and authorise him or her to take possession of them on
behalf of the Society.

(4) On making an order under sub-paragraph (2) or (3), or at any later
time, the High Court, on the application of the Society, may authorise a person
appointed by the Society to enter any premises (using such force as is reasonably
necessary) to search for and take possession of —

(a) any documents to which the order relates;

(b) any property —

(i) in the possession of or under the control of the person to whom
the notice was given under paragraph 1, or

(ii) in the case of an order under sub-paragraph (3), which was in
the possession or under the control of that person and has
come into the possession or under the control of the person in
respect of whom the order is made,
which the Society reasonably requires for the purpose of accessing
information contained in such documents,