The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without taking evidence, request the F1sheriff principal to hold an inquiry and report to him.

The F1sheriff principal, in holding an inquiry under this paragraph, may require any person to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law; and if any person fails without reasonable excuse to comply with the provisions of any such requirement he shall be liable on summary conviction to a fine not exceeding F2level 1 on the standard scale.

The F1sheriff principal, in the exercise of the functions conferred on him by this paragraph, shall have the like power as regards the administration of oaths as if he were acting in the exercise of his civil jurisdiction.

The Secretary of State shall, before determining an appeal under the principal section, consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

The Secretary of State may, before determining an appeal under the principal section, remit the case for further investigation by the F1sheriff principal when an inquiry has been held, or in any case, if he thinks fit, for further consideration by the disciplinary authority.

In this paragraph “F1sheriff principal” does not include a F1sheriff.