Part 2

Reforms connected to delivery and regulation of care
Chapter 3

Further Ministerial functions

Market monitoring

Power to obtain information for the purposes of section 31
32
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)