Scottish Commission for Human Rights Act 2006

Valid from 01/04/2008

8 Power to conduct inquiries S

(1) The Commission may, in relation to any matter relevant to its general duty, conduct an inquiry into the policies or practices of—

(a) a particular Scottish public authority,

(b) Scottish public authorities generally, or

(c) Scottish public authorities of a particular description,

in connection with the matter.

(2) Subsection (1) is subject to section 9.

(3) The matter in relation to which an inquiry is conducted is referred to in this Act as the “subject matter” of the inquiry.

(4) Before taking any step in the conduct of an inquiry, the Commission must—

(a) draw up—

(i) terms of reference for the proposed inquiry, and

(ii) a summary of the procedure to be followed in the conduct of the inquiry,

(b) give notice of—

(i) the proposed inquiry,

(ii) its terms of reference, and

(iii) the summary of procedure,

to each relevant Scottish public authority, and

(c) publicise—

(i) the proposed inquiry,

(ii) its terms of reference, and

(iii) the summary of procedure,

in such manner as it considers appropriate to bring them to the attention of any other persons likely to be affected by the inquiry.

(5) An inquiry is to be conducted in public except to the extent that the Commission considers it necessary or expedient that any part of the inquiry should be conducted in private.

(6) Otherwise, the procedure to be followed in the conduct of an inquiry is to be such as the Commission may determine.

(7) In subsection (4)(b), “relevant Scottish public authority” means, in relation to a proposed inquiry, any Scottish public authority—

(a) which the Commission considers is likely to be required under section 10(1) to give evidence, produce documents or provide information for the purposes of the inquiry, or

(b) any of whose members, officers or staff the Commission considers is likely to be so required.