Public Services Reform (Scotland) Act 2010

117 Regulations relating to joint inspections S

(1) The Scottish Ministers may by regulations make further provision concerning joint inspections.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) as to seizure and removal of anything found during the course of a joint inspection,

(b) as to persons who may be authorised to carry out joint inspections,

(c) requiring or facilitating the sharing or production of information (including health records) for the purposes of a joint inspection,

(d) as to interviews and examinations (including physical and mental examinations) which may be carried out in connection with the inspections,

(e) requiring any person to provide to a person authorised to carry out a joint inspection an explanation of information produced to an authorised person,

(f) requiring information produced to a person authorised to carry out a joint inspection to be held in compliance with prescribed conditions and further disclosures to be made in compliance with such conditions,

(g) empowering a person authorised to carry out a joint inspection to enter any premises for the purposes of such an inspection,

(h) empowering a person authorised to carry out a joint inspection to disclose to a person prescribed for the purposes of this paragraph any information of a prescribed nature which the authorised person holds in consequence of such an inspection,

(i) as to reports in relation to a joint inspection,

(j) creating offences punishable on summary conviction by a fine not exceeding level 4 on the standard scale for the purpose of enforcing any provision of the regulations.

(3) Where a person authorised to carry out a joint inspection is in possession of confidential information which has been obtained for the purposes of such an inspection, the person must not use or disclose that information other than—

(a) for the purposes of that inspection,

(b) so as to comply with an enactment or court order requiring disclosure,

(c) to the extent considered necessary by the person for the purpose of protecting the welfare of—

(i) any child,

(ii) any adult at risk (within the meaning of section 3 of the Adult Support and Protection (Scotland) Act 2007 (asp 10)), or

(d) to the extent considered necessary by the person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders.

(4) In subsection (2), “health records” has the same meaning as in Part 5.

(5) In subsection (2), “prescribed” means prescribed by regulations under subsection (1).

[F1 (6) In this section, “joint inspection” means an inspection conducted under section 115 or 116A.]

Textual Amendments

F1 S. 117(6) added (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 56(4), 72(2); S.S.I. 2014/231, art. 2

Commencement Information

I1 S. 117 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2 S. 117 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.