Social Security (Scotland) Act 2018

Investigations

75 Power to make provision about investigations

(1) The Scottish Ministers may by regulations make provision about the investigation of offences under this Act.

(2) Regulations under subsection (1) may, in particular—

(a) confer powers to—

(i) enter and search premises (other than dwelling-houses), and

(ii) seize anything relevant to the investigation which is found on the premises,

(b) create offences relating to—

(i) a failure to provide information requested for the purposes of an investigation,

(ii) obstruction of the conduct of an investigation,

(iii) any breach of the regulations,

(c) make provision about the time limit for bringing proceedings.

(3) The maximum penalty that may be provided for in regulations under subsection (1) is, on summary conviction, a fine not exceeding level 3 on the standard scale.

76 Code of practice on investigations

(1) The Scottish Ministers must publish a code of practice on investigations carried out by virtue of section 75.

(2) The Scottish Ministers—

(a) must keep the code of practice under review,

(b) may from time to time revise the code of practice.

(3) Before publishing the code of practice, the Scottish Ministers must consult publicly on a draft of the code.

(4) The Scottish Ministers must, as soon as practicable after publication, lay before the Scottish Parliament a copy of the code of practice.

(5) A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant.

(6) Breach of the code of practice does not of itself give rise to grounds for any legal action.

(7) Subsections (2) to (6) apply in relation to a revised code of practice as they apply in relation to the first published code of practice.