Access to information
58.Paragraph 3(1) allows the Commission a right of access at reasonable times to any information in the possession or under the control of a member of the Scottish Government, a local authority or other person (or a person of a description) as specified by the Scottish Ministers by regulations (“relevant information”) that the Commission may reasonably require for the purpose of performing its functions. It also allows the Commission to require any person who holds or is accountable for relevant information to provide at reasonable times any assistance or explanation that the Commission may reasonably require for the purpose of performing its functions (or exercising its right of access to relevant information for the purpose of performing its functions). Sub-paragraph (3) provides that these provisions are subject to any other enactment or rule of law that prohibits or restricts the disclosure of any information or the giving of any assistance or explanation.
59.Any regulations made by the Scottish Ministers specifying additional persons (or persons of a particular description) who possess or who are in control of “relevant information” are subject to the affirmative procedure (sub-paragraph (4)).