Acts of the Scottish Parliament

2006 asp 3

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th January 2006 and received Royal Assent on 22nd February 2006

An Act of the Scottish Parliament to make provision for the carrying out of joint inspections of the provision of services to children; and to make provision as to the appointment of persons to act as social work inspectors and their functions.

(a) all children's services in the relevant area;

(b) such children's services provided in the relevant area as they may specify; or

(c) such children's services provided to a particular child or particular children as they may specify.

(a) to review and evaluate the effectiveness of the provision of the services which are the subject of the inspection or, in the case of an inspection referred to in subsection (2)(c), the effectiveness of the provision of those services to the particular child or particular children in question; and

(b) to enable those conducting the inspection to report to the Scottish Ministers and to make recommendations to them.

(a) a timetable approved by the Scottish Ministers;

(b) any directions issued by the Scottish Ministers.

(a) giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information); and

(b) promoting what appear to them to be desirable practices with regard to such matters.

(a) Her Majesty's inspectors of schools (that is to say, the inspectors of schools appointed by Her Majesty on the recommendation of the Scottish Ministers under the Education (Scotland) Act 1980 (c.44));

(b) social work inspectors appointed under section 4 of this Act;

(c) the Scottish Commission for the Regulation of Care;

(d) Her Majesty's Chief Inspector of Constabulary;

(e) Her Majesty's Chief Inspector of Prisons for Scotland;

(f) any special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c.29); and

(g) any other person or body specified by the Scottish Ministers in an order made by statutory instrument.

(a) requiring or facilitating the sharing or production of information (including medical records) for the purposes of an inspection under section 1;

(b) requiring any person to provide to an authorised person an explanation of information produced to the authorised person;

(c) requiring information produced to an authorised person to be held in compliance with prescribed conditions and further disclosures to be made in compliance with such conditions;

(d) empowering an authorised person to enter any premises for the purposes of an inspection under section 1;

(e) empowering an authorised person 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;

(f) 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.

(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 authorised person for the purpose of protecting the welfare of any child; or

(d) to the extent considered necessary by the authorised person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders.

(a) conduct inspections of, and investigations into, the provision of social work services; and

(b) encourage improvement in the provision of those services.

(a) a timetable approved by the Scottish Ministers;

(b) any directions issued by the Scottish Ministers.

(a) as to the types of inspection or investigation which may be conducted;

(b) requiring or facilitating the production by a social work service provider to an inspector of information (other than relevant medical records);

(c) requiring or facilitating the production by a social work service provider to a medically qualified inspector of relevant medical records;

(d) requiring explanations of information to be provided to an inspector;

(e) empowering an inspector to enter any premises;

(f) empowering an inspector to disclose to a person prescribed for the purposes of this paragraph any information of a prescribed nature which the inspector holds in consequence of exercising functions under subsection (1);

(g) 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.

(a) such incidental, supplementary or consequential provision as the Scottish Ministers think necessary or expedient;

(b) different provision for different cases.

(a) regulations under this Act; or

(b) an order under section 9 which adds to, replaces or omits any part of the text of an Act,

"child" means a person under 18 years of age;

"children's services" means services provided predominantly to, or for the benefit of, children to which the provisions of section 15(1) of the Local Government in Scotland Act 2003 (asp 1) apply;

"inspector" means a person appointed under section 4;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);

"medical records" means records relating to the physical or mental health of an individual;

"medically qualified inspector" means an inspector who is a registered medical practitioner;

"registered medical practitioner" shall be construed in accordance with section 2 of the Medical Act 1983 (c.54);

"relevant medical records" means medical records which have been prepared by a registered medical practitioner who is, or has been, responsible for the clinical care of the individual to whom the records relate;

"social work service" means-

(a) a service which is provided by a local authority in the exercise of any of their social work services functions; or

(b) a service which is provided by another person pursuant to arrangements made by a local authority in the exercise of their social work services functions;

"social work services functions" means functions under the enactments specified in subsection (2).

(a) Part IV of the Children and Young Persons (Scotland) Act 1937 (c.37);

(b) sections 22(2) to (5A) and (8), 26(2) to (4), 43, 45, 47 and 48 of the National Assistance Act 1948 (c.29);

(c) the Disabled Persons (Employment) Act 1958 (c.33);

(d) section 11 of the Matrimonial Proceedings (Children) Act 1958 (c.40);

(e) the Social Work (Scotland) Act 1968 (c.49);

(f) the Social Work (Scotland) Act 1968 as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 (c.44) and the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33);

(g) the Children Act 1975 (c.72);

(h) the Adoption (Scotland) Act 1978 (c.28);

(i) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41);

(j) the Foster Children (Scotland) Act 1984 (c.56);

(k) sections 38(b) and 235 of the Housing (Scotland) Act 1987 (c.26);

(l) Part II of the Children (Scotland) Act 1995 (c.36);

(m) section 51 of the Criminal Procedure (Scotland) Act 1995 (c.46);

(n) section 10 of the Adults with Incapacity (Scotland) Act 2000 (asp 4);

(o) the Community Care and Health (Scotland) Act 2002 (asp 5);

(p) the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

(a) the identity of an individual is ascertainable-

(i) from that information; or

(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person holding that information; and

(b) the information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.

(a) after "inspection)" insert "(as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006)"; and

(b) for "apply" where it occurs for the second time substitute "applied".

(a) for paragraph (c) of section 2(2) (co-operation for purposes of inspections) substitute-

(b) for paragraph (a) of section 6(2) (power of Scottish Ministers to require action by community justice authority) substitute-

(a) section 6 of the Social Work (Scotland) Act 1968 (c.49);

(b) paragraph 50 of Schedule 3 to the Children Act 1975 (c.72);

(c) paragraph 10 of Schedule 3 to the Adoption (Scotland) Act 1978 (c.28);

(d) paragraph 5 of Schedule 2 to the Foster Children (Scotland) Act 1984 (c.56);

(e) section 53 of, and paragraph 10(4) of Schedule 9 to, the National Health Service and Community Care Act 1990 (c.19);

(f) paragraph 15(6) of Schedule 4 to the Children (Scotland) Act 1995 (c.36);

(g) in Part II of Schedule 2 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), the entry relating to section 6 of the Social Work (Scotland) Act 1968; and

(h) paragraph 1(5) of schedule 4 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).