Part 2 Reforms connected to delivery and regulation of care

Chapter 3 Further Ministerial functions

Market monitoring

32 Power to obtain information for the purposes of section 31
(1) The Scottish Ministers may require a person to supply them with information that—
(a) is in the person’s control, and
(b) may be relevant to the Scottish Ministers’ function of reporting under section 31.
(2) A requirement under this section is imposed on a person when the Scottish Ministers give the person written notice specifying—
(a) the information the person is required to supply,
(b) the way in which the person is required to supply it,
(c) the time by which the person is to supply it.
(3) The Scottish Ministers may report the following matters to the Court of Session—
(a) a person has refused, or failed without reasonable excuse, to comply with a requirement imposed under subsection (1),
(b) the Scottish Ministers suspect a person has deliberately destroyed or altered information following the imposition of a requirement to supply it under subsection (1).
(4) After receiving a report under subsection (3), and hearing any evidence or representations on the matter, the Court may (either or both)—
(a) make any order for enforcement that it considers appropriate,
(b) deal with the matter as if it were a contempt of court.

S. 32 not in force at Royal Assent, see s. 39(2)