PART 4FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

F1Information for audit of social security system

87CRight to seek withdrawal of information request

(1)

An individual who has received a request for information under section 87B(1) may, before the end of the period prescribed by the Scottish Ministers in regulations, ask the Scottish Ministers to withdraw the request.

(2)

The Scottish Ministers may only withdraw the request for information if the individual has a good reason for it to be withdrawn.

(3)

It is for the Scottish Ministers to decide whether, for the purpose of subsection (2), an individual has a good reason for the request to be withdrawn.

(4)

The Scottish Ministers must make a decision under subsection (3) before the end of the period prescribed by the Scottish Ministers in regulations.

(5)

Regulations under subsection (4) may also make provision about cases where the Scottish Ministers fail to make a decision under subsection (3) within the period prescribed in the regulations.

(6)

The Scottish Ministers’ decision under subsection (3) is final.

(7)

Having made a decision under subsection (3), the Scottish Ministers must inform the individual concerned—

(a)

of the decision,

(b)

of the reasons for it,

(c)

that the decision is final, and

(d)

if the decision is that there is a good reason for withdrawal, that the request for information is withdrawn.

(8)

The Scottish Ministers must fulfil their duty under subsection (7) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

(9)

Where the Scottish Ministers decide under subsection (3) that an individual has a good reason for withdrawal, they must withdraw the request for information.