Scottish Commission for Human Rights Act 2006

SCHEDULE 2 Inquiries: supplementary provision as to evidence

(introduced by section 10(6))

Requirements to give evidence etc.

1 The Commission may impose a requirement on a person under section 10(1) by giving notice to the person specifying—

(a) where the person is required to give oral evidence—

(i) the time and place at which the person is to attend to give evidence, and

(ii) the particular matter or matters about which the person is required to give evidence,

(b) where the person is required to produce a document or documents—

(i) the document, or types of documents, which the person is to produce,

(ii) the date by which it or they must be produced, and

(iii) the particular matter or matters in connection with which they are required,

(c) where the person is required otherwise to provide information—

(i) the nature of the information required,

(ii) the date by which it must be provided, and

(iii) the particular matter or matters in connection with which the information is required.

Cancellation of requirements notified under paragraph 1

2 (1) A person to whom notice has been given under paragraph 1 may apply to the sheriff for cancellation of any requirement imposed by the notice.

(2) On such an application, the sheriff may cancel the requirement if satisfied that the requirement is—

(a) unnecessary having regard to the purposes of the inquiry to which the notice relates,

(b) undesirable for reasons of national security, or

(c) otherwise unreasonable.

Administration of oaths

3 The Commission may—

(a) administer an oath to any person giving evidence to it for the purposes of an inquiry, and

(b) require any such person to take an oath.

Obstruction and contempt

4 (1) Sub-paragraph (3) applies where any person to whom notice has been given under paragraph 1—

(a) refuses or fails, without reasonable excuse, to comply with any requirement specified in the notice,

(b) refuses or fails, without reasonable excuse, when attending to give evidence as required by the notice—

(i) to take an oath on being required to do so under paragraph 3(b), or

(ii) to answer any question relevant to any matter specified in the notice, or

(c) deliberately alters, suppresses, conceals or destroys any document which the person is required by the notice to produce.

(2) Sub-paragraph (3) also applies where the Commission considers that any such person as is mentioned in sub-paragraph (1) is likely to do any of the things specified in paragraphs (a) to (c) of that sub-paragraph.

(3) Where this sub-paragraph applies, the Commission may report the matter to the Court of Session.

(4) On such a report, the Court may, after hearing any evidence or representations on the matter, (either or both)—

(a) make such order for enforcement as it sees fit,

(b) deal with the matter as if it were a contempt of the Court.

Allowances and expenses

5 The Commission may pay to persons giving evidence, producing documents or providing information pursuant to a notice given under paragraph 1 such allowances and expenses as it may, with the approval of the Parliamentary corporation, determine.