Courts Reform (Scotland) Act 2014

23 Further provision about tribunals S

(1) A tribunal constituted under section 21 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—

(a) to answer any question which the person would be entitled to refuse to answer in a court in Scotland,

(b) to produce any document which the person would be entitled to refuse to produce in such a court.

(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, to answer any question while attending the tribunal proceedings to give evidence,

(c) deliberately alters, conceals or destroys any document that 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 a tribunal constituted under section 21.

(6) The Scottish Ministers—

(a) must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 21 to carry out its functions, and

(b) may pay such remuneration to, and such expenses of, the members of such a tribunal as they think fit.

Commencement Information

I1 S. 23(1)-(4) (6) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), Sch.

I2 S. 23(5) in force at 12.3.2015 by S.S.I. 2015/77, art. 2(1)