Legislation – The Care Homes Emergency Intervention Orders (Coronavirus) (Scotland) Regulations 2020

Information held by public bodies etc.3.

(1)

The Scottish Ministers may, for the purpose of enabling or assisting them to decide whether to make an application to the court, or exercise the powers to intervene under section 65A of the 2010 Act2, require any person named in paragraph (2) to provide them with any information which the Scottish Ministers think might be relevant to their decision.

(2)

The persons who may be required to provide information under paragraph (1) are—

(a)

a local authority,

(b)

a Health Board,

(c)

Healthcare Improvement Scotland,

(d)

SCSWIS,

(e)

The chief constable of the Police Service of Scotland,

(f)

The Registrar of nurses and midwives,

(g)

The Scottish Social Services Council,

(h)

The Mental Welfare Commission for Scotland.

(3)

The chief constable of the Police Service of Scotland must not provide information to the Scottish Ministers under paragraph (1) if the chief constable thinks that disclosing it to the Scottish Ministers would be contrary to the interests of the prevention, investigation or detection of crime.

(4)

Subject to paragraph (3), a person who receives a request under paragraph (1) must comply with the request as soon as practicable after receiving it.

(5)

Nothing in these Regulations—

(a)

limits any other power that exists under which a person named in paragraph (2) may be required to provide information or make records available,

(b)

permits or requires a person set out in paragraph (2) to disclose any information which would contravene any restriction on disclosure arising by virtue of an enactment or rule of law.