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(1)Any inspection under this Part must be carried out by a person authorised by SCSWIS (an “authorised person”).
(2)A person may be authorised by SCSWIS to carry out inspections in relation to any social service or all of them.
(3)An authorised person may at any time enter and inspect premises which are used, or which the person has reasonable cause to believe are used, for the purpose of providing the social service which is subject to inspection.
(4)Where an authorised person is in possession of confidential information which has been obtained for the purposes of an inspection under this Part, the authorised 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 authorised 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 authorised person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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