PART 8E+WSOCIAL SERVICES FUNCTIONS

[F1EnforcementE+W

Textual Amendments

F1Ss. 161-161C and cross-heading substituted for s. 161 (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(2), 188(1); S.I. 2019/864, art. 2(3)(c)

161BPower to require informationE+W

(1)The Welsh Ministers may require a person falling within subsection (2) to provide them with—

(a)any documents, records (including medical or other personal records) or other information—

(i)which relate to the exercise of a social services function of a local authority, and

(ii)which the Welsh Ministers consider it necessary or expedient to have for the purposes of a review under section 149A or 149B;

(b)an explanation of the content of—

(i)any documents, records or other information provided under paragraph (a), or

(ii)any documents or records provided to an inspector conducting an inspection of premises under section 161 in connection with a review under section 149B.

(2)The following persons fall within this subsection—

(a)a local authority;

(b)a person providing a service in connection with the exercise of a local authority social services function;

(c)a Local Health Board;

(d)an NHS trust,

but a Local Health Board or NHS trust cannot be required to provide an explanation of the content of any documents or records provided to an inspector conducting an inspection of premises under section 161.

(3)A person is not required to provide documents, records or other information under subsection (1) if the person is prohibited from providing them by any enactment or other rule of law.

(4)The power in subsection (1) includes power to require documents or records to be produced in a form which is legible and portable.]