PART 4FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3
F3Investigations
I3F384APower to make provision about investigations
1
The Scottish Ministers may by regulations make provision about the investigation of offences under this Act F1or regulations under section 79.
2
Regulations under subsection (1) may, in particular—
a
confer powers to—
i
enter and search premises (other than dwelling-houses), and
ii
seize anything relevant to the investigation which is found on the premises,
b
create offences relating to—
i
a failure to provide information requested for the purposes of an investigation,
ii
obstruction of the conduct of an investigation,
iii
any breach of the regulations,
c
make provision about the time limit for bringing proceedings.
3
The maximum penalty that may be provided for in regulations under subsection (1) is, on summary conviction, a fine not exceeding level 3 on the standard scale.
I1I2F484B Code of practice on investigations
1
The Scottish Ministers must publish a code of practice on investigations carried out by virtue of section F284A.
2
The Scottish Ministers—
a
must keep the code of practice under review,
b
may from time to time revise the code of practice.
3
Before publishing the code of practice, the Scottish Ministers must consult publicly on a draft of the code.
4
The Scottish Ministers must, as soon as practicable after publication, lay before the Scottish Parliament a copy of the code of practice.
5
A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant.
6
Breach of the code of practice does not of itself give rise to grounds for any legal action.
7
Subsections (2) to (6) apply in relation to a revised code of practice as they apply in relation to the first published code of practice.
S. 84A: s. 75 and cross-heading renumbered as s. 84A and cross-heading (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(4), 18(1) (with s. 6)