50.—(1) The Court of Session, on an application made to it by the Scottish Ministers, may make a disclosure order if it is satisfied that each of the requirements for the making of the order is fulfilled.
(2) The application for a disclosure order must state that—
(a)[F1a person specified in the application or] property specified in the application is subject to an external investigation,
(b)the order is sought for the purposes of the investigation, and
(c)the condition in article 37(2) is met in respect of the [F2person or] property.
(3) A disclosure order is an order authorising the Scottish Ministers to give to any person the Scottish Ministers consider has relevant information notice in writing requiring them to do, with respect to any matter relevant to the external investigation, any or all of the following—
(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.
(4) Relevant information is information (whether or not contained in a document) which the Scottish Ministers consider to be relevant to the external investigation.
(5) 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 to them.
Textual Amendments
F1Words in art. 50(2)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 20(a)
F2Words in art. 50(2)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 20(b)
Commencement Information