Section 16 Failure to supply required informationI1

Scotland Not yet in force

(1)

The Commissioner may take the action mentioned in subsection (3) or (4) (or both actions) where—

(a)

a requirement to supply information has been imposed on a criminal justice body under section 15(1), and

(b)

the criminal justice body refuses (other than by virtue of section 15(3) or (4)), or fails without reasonable excuse, to supply the information in accordance with the terms of the notice issued under section 15(2).

(2)

The Commissioner may take the action mentioned in subsection (4) where—

(a)

a requirement to supply information has been imposed on a criminal justice body under section 15(1), and

(b)

the Commissioner suspects the person has deliberately altered the information.

(3)

The Commissioner may publicise the criminal justice body’s refusal, or failure, to supply the information.

(4)

The Commissioner may report the matter to the Court of Session.

(5)

After receiving a report under subsection (4), 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.

Annotations

Commencement

I1: S. 16 not in force at Royal Assent, see s. 116(2)