Article 16 Disclosure ordersI1
Scotland
The High Court of Justiciary, on an application made to it by the Lord Advocate, may make a disclosure order if it is satisfied that each of the requirements for the making of the order is fulfilled.
The application for a disclosure order must state that—
the order is sought for the purposes of the external investigation; and
article 3(2) is satisfied.
A disclosure order is an order authorising the Lord Advocate to give to any person the Lord Advocate considers has relevant information, notice in writing requiring the person to do, with respect to any matter relevant to the external investigation, any or all of the following—
answer questions, either at a time specified in the notice or at once, at a place so specified;
provide information specified in the notice, by a time and in a manner so specified;
produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
Relevant information is information (whether or not contained in a document) which the Lord Advocate considers to be relevant to the external investigation.
A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to them.