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(1)The Commission may not, in the course of an inquiry (including the report of the inquiry), question the findings of any court or tribunal.
(2)The Commission may conduct an inquiry into the policies and practices of a particular Scottish public authority only if—
(a)the authority is the only Scottish public authority with functions in relation to the subject matter of the inquiry, or
(b)the subject matter of the inquiry is about whether the human rights specified in subsection (6) are being respected by the authority.
(3)The Commission may not conduct an inquiry into the policies and practices of any Scottish public authority in relation to a particular case.
(4)However, subsection (3) does not prevent the Commission taking such policies and practices into account in the course of an inquiry.
(5)The Commission may conduct an inquiry in relation to the management or operation of a particular institution only if—
(a)the institution is the only one of its kind in Scotland, or
(b)the subject matter of the inquiry is about whether the human rights specified in subsection (6) are being respected at the institution.
(6)The human rights referred to in subsections (2)(b) and (5)(b) are those contained in the following, so far as ratified by the United Kingdom, namely—
(a)the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by Resolution 39/46 (10th December 1984) of the General Assembly of the United Nations,
(b)the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, done at Strasbourg on 26th November 1987,
(c)any protocol to those Conventions, and
(d)such other international conventions, treaties or other international instruments as Her Majesty may by Order in Council specify for the purposes of this section.
(7)No recommendation to make an Order in Council under subsection (6)(d) is to be made to Her Majesty in Council unless a draft of the Order has been laid before and approved by resolution of the Parliament.
(8)In this section, “institution” means a prison, hospital, school, college, care home or other such establishment.
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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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