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12c. 46
Scotland Act 1998

Part I

Witnesses and documents: notice. 24.—(1) A requirement under section 23 shall be imposed by the Clerk giving the person in question notice in writing specifying—

(a) the time and place at which the person is to attend and the particular subjects concerning which he is required to give evidence, or
(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular subjects concerning which they are required.

(2) Such notice shall be given—

(a) in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address,
(b) in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person's registered or principal office.

Witnesses and documents: offences. 25.—(1) Any person to whom a notice under section 24(1) has been given who—

(a) refuses or fails to attend proceedings as required by the notice,
(b) refuses or fails, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,
(c) deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice, or
(d) refuses or fails to produce any such document,

is guilty of an offence.

(2) Subsection (1) is subject to sections 23(9) and (10) and 27(3).

(3) It is a defence for a person charged with an offence under subsection (1)(a), (b) and (d) to prove that he had a reasonable excuse for the refusal or failure.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

(5) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

Witnesses and documents: general. 26.—(1) The Presiding Officer or such other person as may be authorized by standing orders may—

(a) administer an oath to any person giving evidence in proceedings of the Parliament, and
(b) require him to take the oath.