25.Section 3(1) gives the Scottish Ministers a power to make regulations extending the Commissioner’s general function to cover persons involved in proceedings other than criminal proceedings, such as proceedings relating to contract disputes or civil damages, as described in subsection (2).
26.Subsection (3)(a) allows for the regulations to define which proceedings and persons are to be included within the extended function of the Commissioner. Subsection (3)(b) provides for the regulations to impose on the Commissioner a duty to carry out certain specific activities in exercising the extended function. These activities broadly match the activities which the Commissioner will already be obliged to carry out under section 2 in relation to criminal proceedings, and persons involved in those proceedings.
27.Regulations under this section will be subject to the affirmative procedure.(1)
Crown Application Functions and powers Section 3 – civil function