How to do a compliance check: information powers: excise information notice: telling the recipient about the notice
The tribunal will not give approval for you to issue the notice unless you have
- told the person to whom the notice is to be given that the documents are required and
- given them a reasonable opportunity to make representations to you, see CH228740.
There is an exception to this requirement, see CH228760.
You should write to the person saying that you intend to issue a notice to them, listing what documents you require and inviting them to make representations for the tribunal’s consideration. Sending the person this ‘opportunity letter’, see CH228720, will put you in a position to seek the tribunal’s approval. It will also protect any relevant documents from destruction. There is a penalty for destroying documents after they have been asked for.