Scottish Commission for Human Rights Act 2006

10 Evidence

(1) For the purposes of an inquiry, the Commission may require any person specified in subsection (2) to—

(a) give oral evidence,

(b) produce documents, or

(c) otherwise provide information,

relevant to the subject matter of the inquiry.

(2) Those persons are—

(a) any Scottish public authority,

(b) any member, officer or member of staff of a Scottish public authority who, in the opinion of the Commission, is able to give the evidence, supply the information or produce the documents.

(3) The Commission may, in the course of an inquiry, take into account any evidence, information or document which it has obtained otherwise than by virtue of a requirement imposed under subsection (1), provided the evidence, information or document is relevant to the subject matter of the inquiry.

(4) A person is not required under this section to answer any question, produce any document or provide any information which the person would be entitled to refuse to answer, produce or provide in proceedings in a court in Scotland.

(5) In section 34(2) of the Legal Aid (Scotland) Act 1986 (c. 47) (which specifies the purposes for which the restriction in section 34(1) of that Act on disclosure of information furnished to the Scottish Legal Aid Board does not apply), after paragraph (d) insert—

“(e) for the purposes of an inquiry by the Scottish Commission for Human Rights under section 8 of the Scottish Commission for Human Rights Act 2006 (asp 16).”.

(6) Schedule 2 makes further provision in connection with requirements under subsection (1).