Schedules
Schedule 3Disclosure orders
Part 2Scotland
I1I211Disclosure orders
1
The Lord Advocate may apply to the High Court of Justiciary for a disclosure order.
2
The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation.
3
The court may grant the application if satisfied that conditions 1 to 3 are met.
4
Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property.
5
Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation.
6
Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
7
A disclosure order is an order authorising the Lord Advocate to give to any person the Lord Advocate considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation—
a
answer questions, either at a time specified in the notice or at once, at a place so specified;
b
provide information specified in the notice, by a time and in a manner so specified;
c
produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
8
“Relevant information” means information (whether or not contained in a document) which the Lord Advocate considers to be relevant to the investigation.
9
A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.