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).