Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (repealed)

Part 3 S General

6 Regulations and orders S

(1) Any regulations under this Act shall be made by the Scottish Ministers and the power to make regulations is exercisable by statutory instrument.

(2) Any power to make an order or regulations includes power to make—

(a) such incidental, supplementary or consequential provision as the Scottish Ministers think necessary or expedient;

(b) different provision for different cases.

(3) A statutory instrument containing an order under this Act (except, where subsection (4) applies, an order under section 9) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No statutory instrument containing—

(a) regulations under this Act; or

(b) an order under section 9 which adds to, replaces or omits any part of the text of an Act,

may be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Parliament.

7 Interpretation S

(1) In this Act—

• “child” means a person under 18 years of age;

• “children's services” means services provided predominantly to, or for the benefit of, children to which the provisions of section 15(1) of the Local Government in Scotland Act 2003 (asp 1) apply;

• “inspector” means a person appointed under section 4;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “medical records” means records relating to the physical or mental health of an individual;

• “medically qualified inspector” means an inspector who is a registered medical practitioner;

• “registered medical practitioner” shall be construed in accordance with section 2 of the Medical Act 1983 (c. 54);

• “relevant medical records” means medical records which have been prepared by a registered medical practitioner who is, or has been, responsible for the clinical care of the individual to whom the records relate;

• “social work service” means—

  (a)

  a service which is provided by a local authority in the exercise of any of their social work services functions; or

  (b)

  a service which is provided by another person pursuant to arrangements made by a local authority in the exercise of their social work services functions;

• “social work services functions” means functions under the enactments specified in subsection (2).

(2) The enactments referred to in the definition of “social work services functions” in subsection (1) are—

(a) Part IV of the Children and Young Persons (Scotland) Act 1937 (c. 37);

(b) sections 22(2) to (5A) and (8), 26(2) to (4), 43, 45, 47 and 48 of the National Assistance Act 1948 (c. 29);

(c) the Disabled Persons (Employment) Act 1958 (c. 33);

(d) section 11 of the Matrimonial Proceedings (Children) Act 1958 (c. 40);

(e) the Social Work (Scotland) Act 1968 (c. 49);

(f) the Social Work (Scotland) Act 1968 as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 (c. 44) and the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33);

(g) the Children Act 1975 (c. 72);

F1 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41);

(j) the Foster Children (Scotland) Act 1984 (c. 56);

(k) sections 38(b) and 235 of the Housing (Scotland) Act 1987 (c. 26);

(l) Part II of the Children (Scotland) Act 1995 (c. 36);

(m) section 51 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(n) section 10 of the Adults with Incapacity (Scotland) Act 2000 (asp 4);

(o) the Community Care and Health (Scotland) Act 2002 (asp 5);

(p) the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

[F2 (q) the Adoption and Children (Scotland) Act 2007 (asp 4);]

(3) The list of enactments in subsection (2) may be amended by regulations.

(4) For the purposes of this Act, information is confidential information where—

(a) the identity of an individual is ascertainable—

(i) from that information; or

(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person holding that information; and

(b) the information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.

Textual Amendments

F1 S. 7(2)(h) repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

F2 S. 7(2)(q) added (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 2 para. 14; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

8 Consequential amendments and repeals S

(1) In section 36(5) of the Children (Scotland) Act 1995 (c. 36) (welfare of certain children in hospitals and nursing homes etc.)—

(a) after “inspection)” insert “ (as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006) ”; and

(b) for “apply” where it occurs for the second time substitute “ applied ”.

(2) In paragraph 19 of schedule 1 to the Freedom of Information (Scotland) Act 2002 (asp 13) (Scottish public authorities), for the words from “(that is to say” to “(c.49))” substitute “ appointed under section 4 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3) ”.

(3) In the Management of Offenders etc. (Scotland) Act 2005 (asp 14)—

(a) for paragraph (c) of section 2(2) (co-operation for purposes of inspections) substitute—

“(c) a social work inspector”; and

(b) for paragraph (a) of section 6(2) (power of Scottish Ministers to require action by community justice authority) substitute—

“(a) a social work inspector”.

(4) The following enactments are repealed—

(a) section 6 of the Social Work (Scotland) Act 1968 (c. 49);

(b) paragraph 50 of Schedule 3 to the Children Act 1975 (c. 72);

(c) paragraph 10 of Schedule 3 to the Adoption (Scotland) Act 1978 (c. 28);

(d) paragraph 5 of Schedule 2 to the Foster Children (Scotland) Act 1984 (c. 56);

(e) section 53 of, and paragraph 10(4) of Schedule 9 to, the National Health Service and Community Care Act 1990 (c. 19);

(f) paragraph 15(6) of Schedule 4 to the Children (Scotland) Act 1995 (c. 36);

(g) in Part II of Schedule 2 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), the entry relating to section 6 of the Social Work (Scotland) Act 1968; and

(h) paragraph 1(5) of schedule 4 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

9 Ancillary provision S

(1) The Scottish Ministers may by order made by statutory instrument make any supplementary, incidental or consequential provision which they consider necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The provision which can be made under subsection (1) includes provision amending or repealing any enactment.

10 Short title and commencement S

(1) This Act may be cited as the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006.

(2) This Act comes into force on the day after Royal Assent