29Power of OSCR to obtain information for inquiriesS
(1)OSCR may F1... require any person to provide to it—
(a)any document, or a copy of or extract from any document,
(b)documents of any type, or copies of or extracts from such documents,
(c)any information or explanation,
which OSCR considers necessary for the purposes of inquiries under section 28.
(2)[F2Where OSCR makes such a requirement, it must give a notice to the person specifying—]
(a)the documents, type of documents, copies, extracts, information or explanation which the person is to provide to OSCR,
(b)the date (which must be at least 14 days after the date on which the notice is given) by which the person must do so, and
(c)the effect of subsection (6).
[F3(2A)But OSCR must not give notice under subsection (2) unless and until the decision to make the requirement under subsection (1) has effect (see section 73(3)).]
(3)Subsection (1) does not authorise OSCR to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.
(4)OSCR must not disclose any document, information or explanation provided in response to a requirement under subsection (1) except for the purposes of the inquiries in connection with which the requirement was made.
(5)OSCR may pay to any person a sum in respect of expenses reasonably incurred by the person in complying with a requirement under subsection (1).
(6)A person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or imprisonment for a period not exceeding 3 months, or to both.
Textual Amendments
F1Words in s. 29(1) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 16(2)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)
F2Words in s. 29(2) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 16(2)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)
F3S. 29(2A) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 16(2)(c), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)
Commencement Information
I1S. 29 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1