Prospective
(1)A requiring authority may, by notice in writing, require a person (including another requiring authority) to provide it, as soon as reasonably practicable, with information—
(a)which is in the person’s possession or control, and
(b)which the requiring authority giving the notice reasonably considers is necessary for the carrying out of its functions under this Part.
(2)But, subject to subsection (3), a person is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.
(3)Subsection (2) does not relieve a person of the obligation under subsection (1) to provide any information to which a notice extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.
(4)A requiring authority may not give a notice under subsection (1) to a person who is a designated core participant for the purposes of section 25 (but information may be obtained from the person under that section).
(5)Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review—
(a)a notice under subsection (1) ceases to have effect so far as it relates to the consideration or review, but
(b)a further notice under subsection (1) may be issued in relation to the consideration or review if it is resumed following the suspension.
(6)For the purposes of subsection (1), the following are requiring authorities—
(a)the Scottish Ministers,
(b)the chair of the review oversight committee,
(c)the chair of a case review panel.
(7)In this section, “information” includes unrecorded information.
Commencement Information
I1S. 26 not in force at Royal Assent, see s. 34(4)