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Head of Financial Regulation may require persons to give evidence or produce documents.
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32.— (1) The Head of Financial Regulation may serve a notice (in this Part called an “ evidentiary notice ”) on a person requiring the person—
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(a) to appear before the Head of Financial Regulation to give evidence about a matter,
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(b) to provide information to the Head of Financial Regulation, or
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(c) to produce a document for examination,
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if—
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(i) the Head of Financial Regulation is investigating the person’s fitness and probity under this Chapter, or
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(ii) the Head of Financial Regulation believes on reasonable grounds that the person may be able to give evidence, or to produce a document, that relates to a matter concerning the fitness or probity of a person whose fitness and probity is being investigated under this Chapter.
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(2) Without prejudice to the generality of subsection (1), the Head of Financial Regulation may serve a notice under subsection (1) on—
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(a) a regulated financial service provider,
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(b) a former regulated financial service provider, or
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(c) an officer or employee, or former officer or employee, of a regulated financial service provider or a former regulated financial service provider.
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(3) An evidentiary notice shall—
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(a) specify the matter to which the evidence relates, or specify or describe the document to be produced or the information to be provided, as the case requires,
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(b) in the case of a notice to appear before the Head of Financial Regulation to give evidence—
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(i) specify the date, time and place at which the person is required to appear before the Head of Financial Regulation, and
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(ii) state whether and to what extent the evidence is to be given orally or on affidavit,
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and
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(c) in the case of a notice to provide information or produce a document for examination, specify—
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(i) the date and time by which, and the place at which, the information is to be provided or the document is to be produced, and
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(ii) the officer or employee of the Bank to whom the information is to be provided or the document produced.
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(4) The Head of Financial Regulation may take a copy or copies of a document produced pursuant to an evidentiary notice, and may retain any such copy.
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(5) Nothing in this section affects any power of the Bank, the Governor or the Head of Financial Regulation to obtain documents or information otherwise than under this section.
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