Search Legislation

Advanced Search

Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Status:

This is the original version (as it was originally enacted).

79Power of the Scottish Ministers to require the provision of evidence

This section has no associated Explanatory Notes

(1)The Scottish Ministers may, for a purpose mentioned in subsection (2), by notice in writing require a person, other than an applicant, to provide the Scottish Ministers on or before a specified date with—

(a)specified information, documents, objects, or other items of evidence,

(b)evidence in the form of a written statement.

(2)The purposes referred to in subsection (1) are the determination of any matter by—

(a)a panel appointed under section 35 to determine an application,

(b)a review panel appointed under section 55 to conduct a review,

(c)a reconsideration panel appointed under section 75 to reconsider a determination.

(3)A person to whom a notice under subsection (1) is given may, before the end of the period of 4 weeks beginning with the date on which the notice was received by the person, make a claim to the Scottish Ministers that—

(a)the person is unable to comply with the notice, or

(b)it is not reasonable in all the circumstances to require the person to comply with the notice.

(4)The Scottish Ministers must, as soon as reasonably practicable after receiving a claim made under subsection (3), provide the claim, and any information accompanying it, to Redress Scotland.

(5)Where a claim is made under subsection (3), Redress Scotland may confirm, revoke or vary the notice to which the claim relates.

(6)A person who is required by a notice to provide documents must do so in a redacted form if—

(a)the documents contain information about another person which is irrelevant to the determination of the application to which the notice relates, and

(b)the disclosure of that information would breach an obligation of confidence.

(7)A notice does not have effect to the extent that—

(a)complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or

(b)the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in Scotland.

(8)In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources