Prospective

Part 3 S Deer management

SNH investigatory powers S

27 Power to require information and documents S

(1) The 1996 Act is modified as follows.

(2) After section 15, insert—

“15A Power to require information and documents

(1) SNH may, for the purpose of the exercise of its functions under section 7 or 8 (including being satisfied as to any ground described in section 6ZA or 6ZB), by notice require a person to whom subsection (2) applies to—

(a) provide any information, or

(b) produce any document,

that SNH believes is or may be relevant to its exercise of those functions.

(2) This subsection applies to a person who is, or whom SNH reasonably believes to be, an owner or occupier of land within an area that is, or may become, a control area.

(3) A notice given under this section must—

(a) specify or describe the information or document to be provided or produced, and

(b) inform the person that failure to comply may lead to SNH exercising a power of entry under section 15.

(4) Unless otherwise specified in the notice, it is sufficient for a person to provide a copy of any information required to be provided or document required to be produced.

(5) Where—

(a) information required to be provided under subsection (1) is recorded electronically, or

(b) a document required to be produced under that subsection contains information recorded electronically,

the power under that subsection includes power to require the production of a copy of the information or document in a form in which it is visible and legible.

(6) The information or document must be provided or produced—

(a) within the period of 10 working days beginning with the day on which the notice was given, or

(b) by such later date as SNH may agree with the person.

(7) A person is not required, for the purposes of this section, to provide any document, record or other information which that person could not be compelled to give or to produce in civil proceedings before the Court of Session.

(8) A person who has been given notice under subsection (1) commits an offence if the person knowingly or recklessly provides information or produces a document which is false in a material particular.”.

(3) In schedule 3 (penalties), after the entry for section 13(2), insert—

“15A(8)

Providing false or misleading information

a fine of level 3 on the standard scale”.

Commencement Information

I1 S. 27 not in force at Royal Assent, see s. 59(2)