PART 4

FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Information for audit of social security system

Right to seek withdrawal of information request
87C
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The Scottish Ministers may only withdraw the request for information if the individual has a good reason for it to be withdrawn.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Ministers to decide whether, for the purpose of subsection (2), an individual has a good reason for the request to be withdrawn.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if the decision is that there is a good reason for withdrawal, that the request for information is withdrawn.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.
Ss. 87B-87E and cross-heading inserted (15.12.2025 for specified purposes) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 18(2), 27(2); S.S.I. 2025/377, reg. 2