A person may require that evidence of the authority to exercise disclosure powers be provided. Where this happens, it is envisaged that a copy of the disclosure order to be given to the person. Because of the necessarily invasive nature of the disclosure order, it is not anticipated that disclosure orders will be sought unless other powers, such as production orders, have already been sought or would demonstrably not suffice to enable the required information to be obtained. Indeed, this would be one of the points a judge would be expected to consider as part of his consideration of the proportionality test which would apply by virtue of section 6 of the Human Rights Act 1998. Because of the nature of the disclosure order power, sanctions to compel compliance are needed.
Similar provision is made here.
As with disclosure orders, a person may require the person serving the order to demonstrate that they have the authority that they claim to have. As with the disclosure order, there are two offences connected with customer information orders and again the sanctions follow the precedent of those in section 2 of the Criminal Justice Act 1987, although they will be directed at a non- compliant institution rather than an individual. Account monitoring orders 20. This clause would have the effect of requiring a financial institution to provide, to an appropriate officer, details of all transactions passing through an account during the specified period and would normally be provided in the form of a bank statement. As with the disclosure and customer information orders, this power requires an institution to divulge information, and this clause sets out the standard conditions on the use of such information to prevent self-incrimination of the institution giving it.