Support to the Participants

35.4  hubco shall maintain such contemporaneous records and other documentation as shall be required by any of the Participants to support the Participants in any criminal or civil proceedings by or against the Participants.  hubco shall ensure that all such records and other documentation are complete and accurate and shall provide all reasonable assistance as may be required by any of the Participants to support any such criminal or civil proceedings.  The provisions of this Clause 35.4 shall not apply to proceedings initiated by or against hubco under Schedule Part 21 (Dispute Resolution Procedure) or Clause 50.2

35.5  For the purposes of:

35.5.1  the examination and certification of the Participants' accounts;

35.5.2  any examination pursuant to section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Participant has used its resources; or

35.5.3  the Local Government (Scotland) Act 1973,

the Auditor General for Scotland, the Controller of Audit, the Accounts Commission for Scotland and Audit Scotland may examine such documents as he may reasonably require which are owned, held or otherwise within the control of hubco (and hubco shall procure that any person acting on its behalf who has such documents and/or other information shall also provide access) and may require hubco to produce such oral or written explanation as he considers necessary.  To avoid doubt, it is hereby declared that the carrying out of an examination under section 6(3)(d) of the National Audit Act 1983 or the Local Government (Scotland) Act 1973 in relation to hubco is not a function exercisable under this sub-clause.

35.6  hubco shall provide and shall procure that the Supply Chain Members shall provide such information as any of the Participants may reasonably require from time to time to enable them to meet their obligations to provide reports and returns pursuant to regulations, directions or guidance applicable to the NHS and/or Local Authorities (in each case as amended, replaced or consolidated from time to time) or as required by external agencies including, without limitation, reports and returns regarding the physical condition of buildings occupied by the Participants, health and safety, under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, relating to environmental health and to comply with the the document entitled "The NHS and You" issued by the Scottish Government Health Directorate in January 2009 or any document replacing it.