UK Offence Report

The Joint Inspections (Scotland) Regulations 2006

Scottish Statutory Instrument 2006 No. 263 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
15 May 2006
In force from
16 May 2006
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Services and Inspection of Social Work Services (Scotland) Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision under section 3 of the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3) (“the Act”) with regard to the conduct of joint inspections. Regulation 3 provides for the sharing of information as between authorised persons for the purposes of joint inspections. Regulation 4 provides for the disclosure of information by the persons or bodies who may conduct joint inspections and provides, where practical, for the anonymisation of that information. Regulation 5 provides for the exercise of a power of entry by authorised persons for the purposes of a joint inspection. Regulation 6 provides for an authorised person exercising the power of entry in terms of regulation 5 to inspect, copy and remove documents or records, to have access to computers and to require facilities and assistance to enable the exercise of the power under regulation 5. Regulation 7 provides for an authorised person to require the production of documents and records. Regulation 8 provides for an authorised person to require explanations of documents and material inspected or provided in relation to joint inspections. Regulation 9 makes specific provision in relation to confidential health information obtained for the purposes of a joint inspection. Regulation 10 provides for the disposal or destruction of personal records following completion of a joint inspection. Regulation 11 provides that a person obstructing the exercise of a power or failing to comply with requirements made under regulations 5, 6, 7 and 8 shall be guilty of an offence. Section 3(1)(f) of the Act provides for the creation of offences punishable on summary conviction by a fine not exceeding level 4 on the standard scale. A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business, charities or voluntary bodies.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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