Detailed Provisions Part 4: Financial redress: redress payments Chapter 6: Provision of information and evidence Section 80: Power to obtain information about previous payments
238.This section provides the Scottish Ministers with a power to obtain information from third parties for the purposes of section 42 (which relates to the deduction of relevant payments from redress payments). The Scottish Ministers may by notice, in writing, require a person other than the applicant to provide information to the panel with details of relevant payments. In relation to the requirement that any notice be in “writing”, see paragraph 60 of these Notes.
239.Subsection (2) provides that a notice under subsection (1) may in particular require information on the following matters: the date on which payment was made or (where applicable) an entitlement to it arose; the amount of the payment; and the matter to which it related. In accordance with subsection (3), it must also specify the name and date of birth of the person to whom the payment relates (which will normally be the applicant but, for example, in the case of a next of kin payment may be the abuse survivor).
240.Subsection (4) states that a notice under subsection (1) does not have effect to the extent that complying with it would involve disclosure of information which would breach data protection legislation, or where the person would be permitted to refuse to comply with it in connection with court proceedings in Scotland. Subsection (5) sets out the meaning of “data protection legislation”.