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Mental Health (Care and Treatment) (Scotland) Act 2003
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- 2003 asp 13
- Part 2
- Particular functions
- Section 12
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Changes and effects yet to be applied to Section 12:
Changes and effects
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- s. 12(1) text amended by 2010 asp 8 s. 111(9)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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- Act applied by S.S.I. 2005/467 reg. 46
- Act applied (with modifications) by S.S.I. 2008/356 reg. 33(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2010 asp 8 s. 111(3)
- s. 8A inserted by 2010 asp 8 s. 111(5)
- s. 9A inserted by 2010 asp 8 s. 111(6)
- s. 309A inserted by 2007 asp 10 s. 72(1)
Commencement Orders yet to be applied to the Mental Health (Care and Treatment) (Scotland) Act 2003:
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2003/316 art. 2 commences (2003 asp 13)
- S.S.I. 2004/153 art. 2 3 Sch. 1 2 commences (2003 asp 13)
- S.S.I. 2004/367 art. 2 3 Sch. 1 2 commences (2002 asp 13)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.S.I. 2005/492 art. 3 Sch. 1-3 commences (2005 asp 13)
- S.S.I. 2005/604 art. 2-4 commences (2004 c. 33)
- S.S.I. 2008/314 art. 2 commences (2007 asp 10)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
12Investigations: further provisionS
This section has no associated Explanatory Notes
(1)The Commission may, if it considers it appropriate to do so, cause an inquiry to be held for the purpose of carrying out an investigation, under section 11(1) of this Act, into any case.
(2)The Commission—
(a)may appoint such person (or persons) as it considers appropriate to chair or to conduct any such inquiry and to report to it on the findings of any such inquiry; and
(b)may pay to a person appointed by it under paragraph (a) above such—
(i)remuneration; and
(ii)expenses,
as it may, with the consent of the Scottish Ministers, determine.
(3)A person appointed to chair any such inquiry—
(a)may, by notice, require any person to attend and give evidence at a time and place set out in the notice; and
(b)may administer oaths and examine witnesses on oath and may accept, in place of evidence on oath by a person, evidence on affirmation or a statement in writing by the person.
(4)A person required, by virtue of notice under subsection (3)(a) above, to attend and give evidence for the purposes of an inquiry under subsection (1) above—
(a)shall not be obliged to attend and give evidence as required in the notice unless the necessary expenses of attendance are paid or tendered to the person; and
(b)shall not be obliged at the inquiry to answer a question which the person would be entitled to decline to answer, on the ground of privilege or confidentiality, if the question were asked in the course of proceedings in a court.
(5)Proceedings in an inquiry under this section shall have the privilege of proceedings in a court.
(6)The Commission shall pay to a person required by notice under subsection (3)(a) above to attend for the purposes of an inquiry under subsection (1) above such expenses as it considers appropriate.
(7)A person—
(a)who is required to attend for the purposes of an inquiry by virtue of notice under subsection (3)(a) above; and
(b)who refuses or wilfully neglects to attend or, subject to subsection (4)(b) above, to give evidence,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
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