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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

46Power to obtain information, documents and assistance: supplementary

This section has no associated Explanatory Notes

(1)The information or documents required to be provided or produced in pursuance of a notice under section 43(5) or section 44(3) (an “information notice”) must be specified or described in the notice.

(2)An information notice may require information to be provided or documents to be produced—

(a)at or by a time and at a place specified in the notice,

(b)in circumstances specified in the notice, or

(c)from time to time, in accordance with criteria specified in the notice.

(3)Nothing in this section or section 43 or 44 authorises SEPA or, as the case may be, a lead authority to require disclosure of anything which a person would be entitled to refuse to disclose in proceedings in the Court of Session on grounds of confidentiality in proceedings in that court.

(4)Where by virtue of an information notice documents are produced to any person, that person may take copies of or make extracts from them.

(5)References in this section or section 43 or 44 to documents are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

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