Scottish Commission for Human Rights Act 2006

SCHEDULE 3Places of detention: powers of entry, inspection and interview

(introduced by section 11(5))

This schedule has no associated Explanatory Notes

Evidence of authority

1The Commission or any other person entitled to exercise any power under section 11(1) (referred to in this schedule as “an authorised person”) must, if required to do so, produce written evidence of that entitlement.

2A person required to produce written evidence of entitlement under paragraph 1 cannot exercise the power under section 11(1) to which the entitlement relates until the person produces such evidence.

Obstruction and contempt

3(1)Where any person intentionally obstructs the Commission or an authorised person acting in the exercise of a power under section 11(1), the Commission may report the matter to the Court of Session.

(2)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.