Search Legislation

Patient Safety Commissioner for Scotland Act 2023

Status:

This is the original version (as it was originally enacted).

13Further power to require information in a formal investigation

This section has no associated Explanatory Notes

(1)When carrying out a formal investigation under section 8, the Commissioner may require any person to supply information that—

(a)is in the person’s possession or control,

(b)may be relevant to the investigation, and

(c)is not information that the person would be entitled to refuse to provide in proceedings in a court in Scotland.

(2)But the Commissioner may only impose a requirement to supply information under this section if the Commissioner is satisfied that requiring the information to be supplied is proportionate to the seriousness of the issue being investigated.

(3)A requirement under this section is imposed on a person when the Commissioner gives the person written notice specifying—

(a)the information that the person is required to supply,

(b)the way in which the person is required to supply it, and

(c)the time by which the person is to supply it.

(4)The Commissioner may require a person to supply information under this section whether or not—

(a)the Commissioner stated in a formal investigation’s terms of reference that the Commissioner expected to need access to the information,

(b)the Commissioner took steps to bring the investigation’s terms of reference to the person’s attention in accordance with section 8(2)(a).

(5)The Commissioner’s power to require a person to supply information under this section is without prejudice to the Commissioner’s power to require a person to supply information under section 12.

(6)In this section, “information” includes unrecorded information.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources