SCHEDULES

SCHEDULE 4 Minor and Consequential Amendments

Access to Health Records Act 1990 (c. 23)

50

(1)

The Access to Health Records Act 1990 shall be amended in accordance with this paragraph.

(2)

In section 3(1) (right of access to health records), for paragraphs (c) and (d) substitute—

“(cc)

where the patient is a child, a person having parental responsibility for him;”.

(3)

In section 4 (cases where right of access may be wholly excluded)—

(a)

in subsection (1), for paragraphs (a) and (b) substitute “ the patient is a child ”; and

(b)

in subsection (2), for the words “(1)(c) or (d)” substitute “ (1)(cc) ”.

(4)

In section 5(3) (access to records not to be given where record compiled on basis that access would not be available to particular applicant), for the words “(1)(c), (d), (e) or (f)” substitute “ (1)(cc), (e) or (f) ”.

(5)

In section 11 (interpretation), for the definition of “parental responsibility” substitute—

““parental responsibility”, in the application of this Act—

(a)

to England and Wales, has the same meaning as in the M1Children Act 1989; and

(b)

to Scotland, shall be construed as a reference to “parental responsibilities” within the meaning given by section 1(3) of the Children (Scotland) Act 1995.”.