Section 79: Power of the Scottish Ministers to require the provision of evidence
234.This section provides that the Scottish Ministers may by notice in writing compel individuals or organisations, other than the applicant, to provide evidence relevant to an application for a redress payment. It is not anticipated that this power will need to be used very often as the Scottish Government’s experience in administering the advance payment scheme has been that evidence requested is provided willingly in the vast majority of cases. However, where a formal power to compel is required, this section would allow for that. In relation to the requirement that any notice be in “writing”, see paragraph 60 of these Notes.
235.Subsection (1) allows the Scottish Ministers to compel the production of information, documents, objects, other items of evidence or evidence in the form of a written statement. The deadline for any such request would be specified in the notice. Subsection (2) provides that information may be obtained for the purposes of any determination to be made by a panel appointed under section 35 or any determination to be made by a review panel or a reconsideration panel. The determination of a matter by a review panel includes a review panel appointed under section 55 by virtue of another section – for example, a review panel appointed in accordance with section 62(6) to consider a review of a decision that an individual should be precluded from being offered a redress payment due to serious criminal convictions.
236.Subsection (3) lays out the conditions on which an individual or organisation may challenge the requirement to provide evidence. These are that the person is unable to comply with the notice, or it is not reasonable in all the circumstances to require them to comply with it. Subsection (4) requires the Scottish Ministers to pass any challenge to Redress Scotland for it to determine. Subsection (5) explains the actions Redress Scotland may then take in response to such a challenge: they may confirm, vary or revoke the notice.
237.Subsections (6), (7), and (8) explain considerations individuals or organisations compelled to provide evidence must take into account in relation to redaction and data protection when considering how to respond to a notice to provide evidence.
