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SCHEDULE 2Private rented housing committees: procedure etc.

Evidence

3(1)The committee may, for the purposes of making inquiries, require the landlord, the tenant or any other person—

(a)to attend a hearing of the committee, at such time and place as the committee may specify, for the purposes of giving evidence,

(b)to give the committee, by such day as they may specify, such documents or information as they may reasonably require.

(2)Sub-paragraph (1) does not authorise the committee to require any person to answer any question or to disclose anything which the person would be entitled to refuse to answer or disclose on grounds of confidentiality in civil proceedings in the Court of Session.

(3)Any person on whom a requirement under sub-paragraph (1) is served who—

(a)fails to attend a hearing of the committee as required by the citation,

(b)refuses or fails, while attending such a hearing as so required, to answer any question,

(c)refuses or fails to give the committee any document or information so required,

(d)knowingly or recklessly makes any statement in respect of any information so required which is false or misleading in a material respect, or

(e)deliberately alters, suppresses, conceals or destroys any document so required,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)It is a defence for a person charged with an offence under sub-paragraph (3)(a), (b) or (c) to show that the person had a reasonable excuse for the refusal or failure.