Part 8Scrutiny and complaints

Joint inspections

117Regulations relating to joint inspections

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).