88EForm and content

1. A preservation direction must be in the prescribed form, if any, and must require the person against whom it is made (the directly affected person)—

2. to preserve, while the direction is in force, any documents described in the direction that are in the possession or under the control of the directly affected person; and
3. to the extent that those documents are records of traffic data, to produce to a constable identified in the direction any record of that traffic data that is pathway information and is in the possession or under the control of the directly affected person; and
4. if any of the documents described in the direction are not, or are no longer, in the possession or under the control of the directly affected person, to disclose (by the time, if any, specified in the direction and to the best of that person’s knowledge or belief) the location of those documents to a constable identified in the direction.

5. A preservation direction must state—

6. the name of the directly affected person; and
7. the name of the requesting foreign enforcement authority.

8. If the preservation direction requires the directly affected person to produce any record of pathway information,—

9. the preservation direction must also specify the way in which, and a time by which, the directly affected person must produce the record; and
10. that time must not be any earlier than a time on the tenth day after the date on which the direction is given to the directly affected person.

11. A preservation direction may describe any documents required to be preserved by reference to a class or category of document.

12. If a preservation direction is made against a body corporate or an unincorporated body, the direction may specify an individual (whether by name or by reference to a position held in the body) who must comply with the direction as the body’s representative.