URBAN COUNCILS ACT
Chapter 29:15
(b) by summons under his hand, to require such persons as he may think fit to appear
personally before him at a time and place to be stated in such summons and to produce all
such books and papers as may be necessary for the inquiry.
(5) If it is intended that an investigator shall take evidence from members of the public,
notice of the time and place at which evidence will be heard shall be given at the office of the
authority and in two issues of a newspaper.
(6) A statement given by any person to an investigator under this section shall not be
admissible in evidence in any court of law, except with the consent of all persons affected
thereby or for the purposes of a prosecution under subsection (11), (12) or (13).
(7) The costs of an inquiry in terms of subsection (2) shall be recovered by the Minister from
the authority or, if there are two or more authorities, from the authorities concerned in such
proportions as the Minister may determine.
(8) The investigator and his assistants and advisers shall be paid such fees as the Minister
may fix and those fees shall be included in the costs of the inquiry referred to in subsection (7).
(9) If a person appointed by the Minister in terms of subsection (2) requires any facilities
which the authority fails or refuses to provide, the Minister may direct the authority to provide
such facilities and, if the authority fails or refuses to comply with such direction within such
time as the Minister may require—
(a) the Minister may, on behalf of the authority, provide the facilities; and
(b) any expenditure incurred by the Minister in providing the facilities may be recovered by
the Minister by action in a competent court against the authority, and the certificate of the
Minister shall be prima facie evidence of the amount due by the authority.
(10) An investigator, together with such assistants and advisers as may be necessary, shall
for the purposes of the inquiry have the same powers of access to and entry upon property as
are conferred upon employees of a council by section two hundred and twenty.
(11) Any member or employee of an authority who—
(a) refuses or fails to answer to the best of his ability any lawful question put to him by, or
wilfully makes any false statement to, an investigator in the exercise of his functions
under this section; or
(b) refuses or fails to comply to the best of his ability with any lawful requirement made by
an investigator in the exercise of his functions under this section;
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001.]
(12) Any person who—
(a) threatens, resists, hinders or obstructs or uses foul, abusive or insulting language towards,
or at, an investigator or any person referred to in subsection (2) while that investigator or
other person is exercising his functions under this section; or
(b) falsely holds himself out to be an investigator; or
(c) without lawful excuse, having been summoned under subsection (4)—
(i) refuses or fails to attend in obedience to such summons; or
(ii) having so attended, refuses to be examined upon oath or to take the oath; or
(iii) having taken the oath, refuses to answer such questions as are lawfully put to him; or
(iv) refuses or fails to produce any books or papers he has been required to produce;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for
a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001.]
(13) Any person who, having taken an oath under subsection (4), makes any false statement
knowing it to be false or not reasonably believing it to be true, shall be guilty of an offence and
liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001.]
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