Judicial Factors (Scotland) Act 2025

Power of judicial factor to require information

15 Power of judicial factor to require information

(1) A judicial factor may serve written notice on any person requesting that the person supply such information specified in the notice as the judicial factor reasonably considers relevant to the judicial factor’s functions.

(2) A notice sent under subsection (1) must be accompanied by a certified copy of the appointing interlocutor.

(3) A person who receives notice under subsection (1), other than a person mentioned in subsection (4), must comply with the notice without delay.

(4) That person is—

(a) a body to which paragraph 3 (reserved bodies) of Part III of schedule 5 of the Scotland Act 1998 applies,

(b) a Minister of the Crown,

(c) a department of the Government of the United Kingdom, or

(d) a public body operating wholly in relation to a reserved matter within the meaning of the Scotland Act 1998.

(5) A person who, having received notice under subsection (1), directs the judicial factor without delay to means by which the information can be obtained (either or both)—

(a) under any other enactment,

(b) free of charge,

is to be treated as having complied with the notice.

(6) A person complying with notice under subsection (1) may charge the judicial factor a fee for supplying the information if that person is entitled under any other enactment to charge a fee for supplying the relevant information.

(7) Nothing in this section authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the provision made in this Act enabling or requiring the disclosure of information is to be taken into account).

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