164.Section 27 inserts a section 15A into the 1996 Act. Section 15A provides SNH with a power to require a person who is or whom SNH may reasonably believe to be an owner or occupier of land which is in, or which may become within, a control area to provide SNH with information connected with the exercise of its functions under section 7 or 8 of the 1996 Act. Failure to provide the information or document will result in SNH being able to take access to the land to ascertain the information for themselves.
165.The inclusion of persons who SNH reasonably believe to be the owner or occupier of land is to ensure that where a notice is served on a person who appears to be owner or occupier of land (but in fact is not, perhaps due to a complex ownership structure) the person is still required to supply the information or explain why they cannot do so.
166.To require a person to provide information or a document, SNH must serve a notice on the person specifying or describing the information or document that is to be provided or produced and informing them of the consequences of failing to do so. The information or document must be provided or produced within 10 working days of the notice being given to the person or by such later date as SNH may agree with the person.
167.Unless the notice asks for an original document, providing a copy of it (or the information) will be sufficient. Further, where information is stored electronically (for example, an email or spreadsheet), the email has to be produced in a form which is visible and legible. It is not sufficient to provide it in a form which cannot be accessed or read.
168.Subsection (7) exempts from the scope of the power any information which a person would not be compelled to produce in civil proceedings before the Court of Session. This primarily relates to information which is legally privileged, such as advice from a solicitor.
169.A person who knowingly or recklessly supplies information which is false in a material particular commits an offence and may be subject to a fine up to level 3 on the standard scale (currently £1,000).
The Act National deer management and venison plan Section 27 – Power to require information and documents