Scottish Commission for Human Rights Act 2006 Explanatory Notes

Schedule 3: Places of detention: powers of entry, inspection or interview

106.Schedule 3 expands upon the powers of entry, inspection and review granted to the Commission in section 11 and sets out procedures for the exercise of these powers.

107.The Commission may delegate these powers to another person, but paragraphs 1 and 2 provide that, before their exercise, anyone who is entitled to exercise the powers must produce written evidence of that entitlement, if required to do so,

108.Paragraph 3 allows the Commission to report any person intentionally obstructing the Commission or authorised person from exercising this power to the Court of Session. After hearing any evidence or representations on the matter, the Court of Session may make such an order for enforcement as it sees fit or may deal with the matter as a contempt of court.

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