PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT
F1Non-disclosure of health information
Annotations:
Amendments (Textual)
62AF1Non-disclosure of information about individual's health
1
This section applies in relation to a duty of the Scottish Ministers arising from section 38(5), 40(1), 41(6), 42(2), 44(1) or 53(2) to inform a person (“the recipient”) of certain things in connection with the determination of an individual's entitlement to assistance.
2
Nothing in the duty is to be regarded as requiring the Scottish Ministers to disclose information if subsection (3) applies to it.
3
This subsection applies to information if—
a
it relates to the physical or mental health of the individual, and
b
a registered medical practitioner or a registered nurse has informed the Scottish Ministers that disclosure of the information would be likely to cause serious harm to the physical or mental health of the recipient.
S. 62A and cross-heading inserted (26.7.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 3(2), 18(2)(3); S.S.I. 2021/232, reg. 2(b)