Explanatory Notes

Public Health etc. (Scotland) Act 2008

2008 asp 5

16 July 2008

The Act – Overview

Part 3 .Public Health Investigations

Investigators’ powers

Section 24 Power to ask questions

47.This section provides for a power for investigators to require any person whom the investigator has reason to believe has information relevant to the investigation to answer such questions as the investigator sees fit. A person required to answer questions may nominate one other person to be present during questioning. The only persons who may be present during such questioning are the person (if any) nominated by the person being questioned and any other person authorised by the investigator to be present.

48.The section also states that no answer given by a person being questioned under these powers is admissible in evidence against that person in any criminal proceedings.