Act of Sederunt (Fitness Assessment Tribunal Rules) 2016

Duty to disclose information

9.—(1) The presenting officer and the investigating officer must disclose to the member concerned 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;

(b)may materially strengthen the position of the member concerned in respect of the tribunal case; or

(c)may materially undermine the presenting officer’s position in respect of the tribunal case.

(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 member concerned 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 and the Lord President in accordance with paragraph 22(2) of schedule 8 of the 2014 Act.