# Commissioner for Children and Young People (Scotland) Act 2003, Paragraph 5


(1) Any person to whom a notice under paragraph 1 has been duly given who, not being privileged under paragraph 2—
(a) refuses or fails to attend before the Commissioner as required by the notice;
(b) refuses or fails, when attending before the Commissioner as required by the notice, to answer any question concerning the subjects specified in the notice;
(c) deliberately alters, suppresses, conceals or destroys any document which that person is required to produce by the notice; or
(d) refuses or fails to produce any such document,
is guilty of an offence.
(2) It is a defence for a person charged with an offence under sub-paragraph (1)(a), (b) or (d) to prove that there was a reasonable excuse for the refusal or failure.
(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

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Source: https://www.legislation.gov.uk/asp/2003/17/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/commissioner-for-children-and-young-people-scotland-act-2003/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

