Social Security (Scotland) Act 2018 (asp 9)

PART 4 S FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

F1 Investigations S

Textual Amendments

F1 S. 84A: s. 75 and cross-heading renumbered as s. 84A and cross-heading (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(4), 18(1) (with s. 6)

[F2 84B] Code of practice on investigations S

(1) The Scottish Ministers must publish a code of practice on investigations carried out by virtue of section [F3 84A].

(2) The Scottish Ministers—

(a) must keep the code of practice under review,

(b) may from time to time revise the code of practice.

(3) Before publishing the code of practice, the Scottish Ministers must consult publicly on a draft of the code.

(4) The Scottish Ministers must, as soon as practicable after publication, lay before the Scottish Parliament a copy of the code of practice.

(5) A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant.

(6) Breach of the code of practice does not of itself give rise to grounds for any legal action.

(7) Subsections (2) to (6) apply in relation to a revised code of practice as they apply in relation to the first published code of practice.

Textual Amendments

F2 S. 84B: s. 76 renumbered as s. 84B (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(5), 18(1) (with s. 6)

F3 Word in s. 84B(1) substituted (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(7), 18(1) (with s. 6)

Commencement Information

I1 S. 76 (now renumbered as s. 84B) in force at 3.9.2018 for specified purposes by S.S.I. 2018/250, reg. 2(2) (with reg. 3)

I2 S. 76 (now renumbered as s. 84B) in force at 22.10.2018 in so far as not already in force by S.S.I. 2018/298, reg. 2(2) (with reg. 3) (as amended (10.12.2019) by S.S.I. 2019/406, regs. 1, 2(2))