Act of Sederunt (Fitness for Judicial Office Tribunal Rules) (No. 2) 2014

Duty to disclose information

9.—(1) The presenting officer and the investigating officer must disclose to the judicial office holder any information not previously disclosed that—

(a) is likely to form part of the facts and circumstances placed before the tribunal by the presenting officer; or

(b) may materially strengthen the judicial office holder’s position before the tribunal; or

(c) may materially undermine the presenting officer’s position before the tribunal.

(2) During the relevant period, the presenting officer must—

(a) keep under review all the information that may be relevant to the tribunal case of which the presenting officer is aware; and

(b) disclose to the judicial office holder any information not previously disclosed in accordance with paragraph (1).

(3) In this rule, “relevant period” means the period which begins when the presenting officer complies with paragraph (1) and ends when the tribunal reports to the First Minister.