Financial Services and Markets Bill - continued        House of Commons

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Ombudsman's power to require information.     206. - (1) An ombudsman may, by notice in writing given to a party to a complaint, require that party-
    (a) to provide specified information or information of a specified description; or
    (b) to produce specified documents or documents of a specified description.
      (2) The information or documents must be provided or produced-
    (a) before the end of such reasonable period as may be specified; and
    (b) in the case of information, in such manner or form as may be specified.
      (3) This section applies only to information and documents the production of which the ombudsman considers necessary for the determination of the complaint.
      (4) If a document is produced in response to a requirement imposed under this section, the ombudsman may-
    (a) take copies or extracts from the document; or
    (b) require the person producing the document to provide an explanation of the document.
      (5) If a person who is required under this section to produce a document fails to do so, the ombudsman may require him to state, to the best of his knowledge and belief, where the document is.
      (6) No person may be required under this section to produce or disclose a privileged communication.
      (7) If a person claims a lien on a document, its production under this Part does not affect the lien.
      (8) "Specified" means specified in the notice given under subsection (1).
Powers of court where information required.     207. - (1) If a person ("the defaulter") fails to comply with a requirement imposed under section 206, the ombudsman may certify that fact in writing to the court and the court may enquire into the case.
      (2) If the court is satisfied that the defaulter failed without reasonable excuse to comply with the requirement, it may deal with the defaulter (and, in the case of a body corporate, any director or officer) as if he were in contempt.
      (3) "Court" means-
    (a) the High Court;
    (b) in Scotland, the Court of Session.
Data protection.     208. In section 31 of the Data Protection Act 1998 (regulatory activity), after subsection (4), insert-
    "(4A) Personal data processed for the purpose of discharging any function which is conferred by or under Part XV of the Financial Services and Markets Act 2000 on the body established by the Financial Services Authority for the purposes of that Part are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function".
Industry funding.     209. - (1) For the purpose of funding-
    (a) the establishment of the ombudsman scheme (whenever any relevant expense is incurred), and
    (b) its operation in relation to the compulsory jurisdiction,
  the Authority may make rules requiring the payment to it or to the scheme operator, by authorised persons or any class of authorised person of specified amounts (or amounts calculated in a specified way).
      (2) "Specified" means specified in the rules.
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Prepared 14 December 1999