48.This section provides that, where a local authority has, or the Scottish Ministers have, issued a request for information from an information holder under section 14(1) or (2) and the information holder has provided information in response which the requester considers the information holder must have known to be false in a material way, the requester may apply to the Tribunal seeking an order requiring the information holder to pay no more than £1,000 (see subsections (3) and (6)).
49.The requester may apply to the Tribunal within 12 months of the information holder receiving the request for information. Before applying to the Tribunal for an order against an information holder, the requester must give the information holder 28 days’ notice of the intention to apply to the Tribunal. Where the requester is a local authority, it must have regard to any guidance given by the Scottish Ministers about the form and content of such notices. Where the information holder requests a review of the requester’s intention to apply to the Tribunal, the requester may not apply to the Tribunal unless, after carrying out a review, the requester is satisfied that the information holder provided information in response to its request under section 14(1) or (2) that the information holder must have known to be false in a material way.
Crown Application Part 1 – Rent Power to seek information relating to tenancies Section 17 - Information holder’s provision of false information