- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
12(1)The Tribunal may by citation require any person to attend, at such time and place as is specified in the citation, for the purpose of—
(a)giving evidence; or
(b)producing any document in the custody, or under the control, of such person which the Tribunal considers it necessary to examine.
(2)In relation to persons giving evidence the Tribunal may administer oaths and take affirmations.
(3)A person who is cited to attend the Tribunal and—
(a)refuses or fails—
(i)to attend; or
(ii)to give evidence; or
(b)alters, conceals or destroys, or refuses to produce, a document which such person may be required to produce for the purposes of proceedings before the Tribunal,
shall, subject to sub-paragraph (4) below, be guilty of an offence.
(4)A person need not give evidence or produce any document if, were it evidence which might be given or a document that might be produced in any court in Scotland, the person having that evidence or document could not be compelled to give or produce it in such proceedings.
(5)It shall be a defence for a person charged with contravening sub-paragraph (3) above to show that the person has a reasonable excuse for such contravention.
(6)A person guilty of an offence under sub-paragraph (3)(a) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7)A person guilty of an offence under sub-paragraph (3)(b) above shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum;
(b)on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: