4A.—(1) This regulation applies where—
(a)in the exercise of their social security functions, the Scottish Ministers know or believe that a person with whom they have come into contact (“person A”) is—
(i)at real risk of harm,
(ii)has needs of care and support, and
(iii)as a result of those needs, is unable to protect themselves against that risk, and
(b)the Scottish Ministers consider the supply of information is necessary to protect person A from harm.
(2) The information is to be supplied only with the explicit consent of person A unless paragraph (3) applies.
(3) This paragraph applies where—
(a)in the circumstances, person A’s consent cannot be given,
(b)in the circumstances, the Scottish Ministers cannot reasonably be expected to obtain the consent of person A, or
(c)in the circumstances, the Scottish Ministers consider obtaining consent of person A would prejudice the protection mentioned in paragraph (1)(b).
(4) In this regulation—
(a)in paragraph (1)(a)(i)—
(i)“real risk of harm” means being subjected to conduct causing or likely to cause a person to suffer significant—
(aa)neglect, or
(bb)physical, mental or emotional harm,
and includes engaging in, or being likely to engage in, conduct which causes or is likely to cause self-harm, and
(ii)“conduct” includes failures to act,
(b)in paragraph (1)(b) and in the definition of “real risk of harm”, “harm” means neglect or physical, mental or emotional harm, and
(c)“person” means a natural person of any age.]
Textual Amendments