The Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision concerning inspections carried out under Part 5 of the Public Services (Reform) Scotland Act 2010 (‘the Act’). Such inspections in terms of section 53 and 55 of the Act may only be carried out by persons authorised to do so by Social Work and Social Care Improvement Scotland (‘SCSWIS’).

Regulation 3 provides that the qualifications of an authorised person are to be determined by SCSWIS.

Regulations 4 to 6 provide detail on the power of entry and inspection given to authorised persons in section 56(3) of the Act, requiring persons to assist authorised persons, including producing information and providing an explanation of such information, and giving authorised persons the power to take photographs, recordings or measurements as necessary for the purposes of an inspection.

Regulation 7 provides for interviews and examinations carried out within an inspection, setting out the circumstances in which an interview or examination may be carried out, who may interviewed, and restrictions on the examination of health records, which may only be carried out by a medically qualified person.

Regulation 8 places a duty upon authorised persons to produce authentication of authority to carry out inspections.

Regulation 9 concerns the disposal of personal records held by an authorised person inconsequence of an inspection.

Regulation 10 provides that the information gathered for one inspection under Part 5 may be used for the purposes of another inspection under Part 5, a joint inspection under section 115 of the Act, or can be used for the purposes of an inspection carried out by Health Improvement Scotland under the National Health Service (Scotland) Act 1978. This power is limited in its scope by the application of section 56(4) of the Act which limits the extent to which confidential information may be shared.

Regulation 11 creates criminal offences in respect of obstructing an authorised person or failing to comply with certain requirements in the Regulations.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may are available from www.legislation.gov.uk.