Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 6: Provision of information and evidence
Section 84: Offences of failure to provide, and of tampering with, information or evidence
246.This section states that any individual who, or organisation which, fails to comply with a notice from the Scottish Ministers to provide evidence (as laid out in sections 79 and 80), without reasonable excuse, commits a criminal offence. This also applies where the Scottish Ministers fail, without reasonable excuse, to comply with a request from Redress Scotland under section 81(1)(c) to provide information which Ministers hold themselves.
247.An individual or organisation also commits a criminal offence if, without reasonable excuse, they take action to conceal, destroy, alter, or distort evidence which either they know is required, or they have reasonable grounds for believing might be required, under a notice given by the Scottish Ministers or under a request for information made of Ministers by Redress Scotland. This applies in any case where there are reasonable grounds for believing that a notice might be issued or a request made, regardless of whether or not that subsequently happens.
248.An individual or organisation committing either of the aforementioned offences may be imprisoned for up to six months or issued with a fine up to the value of level 3 on the standard scale, or both. The value of level 3 on the standard scale is currently £1,000 (at the time of preparation of these Notes).
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