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Scottish Commission for Human Rights Act 2006

Schedule 3: Places of detention: powers of entry, inspection or interview

106.Schedule 3 expands upon the powers of entry, inspection and review granted to the Commission in section 11 and sets out procedures for the exercise of these powers.

107.The Commission may delegate these powers to another person, but paragraphs 1 and 2 provide that, before their exercise, anyone who is entitled to exercise the powers must produce written evidence of that entitlement, if required to do so,

108.Paragraph 3 allows the Commission to report any person intentionally obstructing the Commission or authorised person from exercising this power to the Court of Session. After hearing any evidence or representations on the matter, the Court of Session may make such an order for enforcement as it sees fit or may deal with the matter as a contempt of court.

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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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