Patient Safety Commissioner for Scotland Act 2023

13 Further power to require information in a formal investigation

(1) When carrying out a formal investigation under section 8, the Commissioner may require any person to supply information that—

(a) is in the person’s possession or control,

(b) may be relevant to the investigation, and

(c) is not information that the person would be entitled to refuse to provide in proceedings in a court in Scotland.

(2) But the Commissioner may only impose a requirement to supply information under this section if the Commissioner is satisfied that requiring the information to be supplied is proportionate to the seriousness of the issue being investigated.

(3) A requirement under this section is imposed on a person when the Commissioner gives the person written notice specifying—

(a) the information that the person is required to supply,

(b) the way in which the person is required to supply it, and

(c) the time by which the person is to supply it.

(4) The Commissioner may require a person to supply information under this section whether or not—

(a) the Commissioner stated in a formal investigation’s terms of reference that the Commissioner expected to need access to the information,

(b) the Commissioner took steps to bring the investigation’s terms of reference to the person’s attention in accordance with section 8(2)(a).

(5) The Commissioner’s power to require a person to supply information under this section is without prejudice to the Commissioner’s power to require a person to supply information under section 12.

(6) In this section, “information” includes unrecorded information.