UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

Information notices

24 Power to require information

(1) Environmental Standards Scotland may, by issuing a notice in writing (an “information notice”), require a public authority to provide information which Environmental Standards Scotland reasonably requires for the purpose of exercising any of its functions.

(2) An information notice must specify—

(a) the information, or the nature of the information, which is to be provided,

(b) the purposes for which, and the particular matters in connection with which, it is required,

(c) the form in which it is to be provided,

(d) the means by which it is to be provided, and

(e) the date on or by which, or the period within which, it must be provided.

(3) Environmental Standards Scotland may withdraw an information notice by giving notice in writing to that effect to the public authority to whom the information notice was issued.

(4) In this section, “information” includes—

(a) any document or a copy of, or extract from, any document,

(b) documents of any type or copies of, or extracts from, such documents,

(c) any explanation or other information (including unrecorded information).

25 Failure to comply with an information notice

(1) Where a public authority fails, without reasonable excuse, to comply with an information notice issued to it under section 24(1), Environmental Standards Scotland may report the matter to the Court of Session.

(2) After receiving a report under subsection (1), and hearing any evidence or representations on the matter, the Court may (either or both)—

(a) make such order for enforcement as it considers appropriate,

(b) deal with the matter as if it were a contempt of the Court.