Part 2The judiciary

Chapter 5Removal from office

Judges

37Further provision about tribunals

I21

A tribunal constituted under section 35 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.

I22

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.

I23

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.

I24

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.

I15

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 35.

I26

The Scottish Ministers may pay such remuneration to, and expenses of, members of tribunals constituted under section 35 as they think fit.

I27

The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 35 to carry out its functions.