Health and Social Care (Community Health and Standards) Act 2003

89 Right of entry: supplementary E+W

(1) A person authorised by virtue of section 88 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter—

(a) inspect, take copies of and remove from the premises any documents or records (including personal records) relating to the discharge by the local authority of its social services functions;

(b) inspect any other item and remove it from the premises;

(c) interview in private—

(i) any person working at the premises; or

(ii) any person accommodated or cared for there who consents to be interviewed; and

(d) make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

(2) The power in subsection (1)(a) includes—

(a) power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(3) A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) A person authorised by virtue of section 88 to enter and inspect premises may—

(a) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 88 or this section; and

(b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 88 or this section, or

(b) fails to comply with any requirement of section 88 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C1 S. 89 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(3)

Commencement Information

I1 S. 89 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)