Part I Constitution, Organisation and Administration
F1Consideration of fitness for, and removal from, shrieval office
12CFurther provision about tribunals
1
A tribunal constituted under section 12A may require any person—
a
to attend its proceedings for the purpose of giving evidence,
b
to produce documents in the person's custody or under the person's control.
2
A person on whom such a requirement is imposed is not obliged to answer any question or produce any document which the person would be entitled to refuse to answer or produce in a court in Scotland.
3
Subsection (4) applies where a person on whom a requirement has been imposed under subsection (1)—
a
refuses or fails, without reasonable excuse, to comply with the requirement,
b
refuses or fails, without reasonable excuse, while attending the tribunal proceedings to give evidence, to answer any question, or
c
deliberately alters, conceals or destroys any document which the person is required to produce.
4
The Court of Session may, on an application made to it by the tribunal—
a
make such order for enforcing compliance as it sees fit, or
b
deal with the matter as if it were a contempt of the Court.
5
The Court of Session may by act of sederunt make provision as to the procedure to be followed by and before tribunals constituted under section 12A.
6
The Scottish Ministers may pay such remuneration to, and expenses of, members of tribunals constituted under section 12A as they think fit.
7
The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 12A to carry out its functions.
Ss. 12A-12F and cross-heading substituted (20.2.2010 for the insertion of s. 12C(5) and 1.4.2010 otherwise) for s. 12 by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 40, 76; S.S.I. 2010/39, art. 2, Sch. (with art. 3)