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(1)For the purposes of an investigation, the Chief Investigating Officer—
(a)may require any person who, in the opinion of that Officer, is able to give relevant information or produce relevant documents to do so; and
(b)shall have the same powers as the Court of Session to enforce the attendance and examination of witnesses and the production of documents.
(2)No person, however, shall be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.
(3)If, without reasonable excuse, any person obstructs the Chief Investigating Officer in the performance of that Officer’s functions or does anything in relation to an investigation which, had that investigation been proceedings in the Court of Session, would be contempt of court, the Chief Investigating Officer may certify that conduct to the Court of Session.
(4)Where a person’s conduct is so certified, the Court of Session may deal with the person as if any such conduct as occurred had taken place in relation to that Court.
(5)In this section “documents” includes information held by means of a computer or in any other electronic form.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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