- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A tribunal constituted under section 35 may require any person—
(a)to attend its proceedings for the purpose of giving evidence,
(b)to produce documents in the person’s custody or under the person’s control.
(2)A person on whom such a requirement is imposed is not obliged to answer any question or produce any document which the person would be entitled to refuse to answer or produce in a court in Scotland.
(3)Subsection (4) applies where a person on whom a requirement has been imposed under subsection (1)—
(a)refuses or fails, without reasonable excuse, to comply with the requirement,
(b)refuses or fails, without reasonable excuse, while attending the tribunal proceedings to give evidence, to answer any question, or
(c)deliberately alters, conceals or destroys any document which the person is required to produce.
(4)The Court of Session may, on an application made to it by the tribunal—
(a)make such order for enforcing compliance as it sees fit, or
(b)deal with the matter as if it were a contempt of the Court.
(5)The Court of Session may by act of sederunt make provision as to the procedure to be followed by and before tribunals constituted under section 35.
(6)The Scottish Ministers may pay such remuneration to, and expenses of, members of tribunals constituted under section 35 as they think fit.
(7)The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 35 to carry out its functions.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: