Part 4

Enforcement

Failure to comply with notice
53
1
If a Scottish public authority has failed to comply with—
a
so much of a notice given to it by the Commissioner under subsection (5) of section 49 as, by virtue of subsection (6)(b) of that section, requires steps to be taken by the authority;
b
an information notice; or
c
an enforcement notice,
the Commissioner may certify in writing to the court that the authority has failed to comply with the notice.
2
For the purposes of this section, a Scottish public authority which, in purported compliance with an information notice—
a
makes a statement which it knows to be false in a material respect; or
b
recklessly makes a statement which is false in a material respect,
is to be taken to have failed to comply with the notice.
3
Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the authority, and after hearing any statement that may be offered in defence, may deal with the authority as if it had committed a contempt of court.
4
In this section, “the court” means the Court of Session.
S. 53 wholly in force at 30.4.2004; s. 53 not in force at Royal Assent see s. 75(1); s. 53 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 53 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.
S. 53 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(f), Sch.
Pt. 4 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 17(1)(2) (with reg. 3)