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Health and Personal Social Services (Northern Ireland) Order 1972

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Commencement Orders bringing legislation that affects this Order into force:

[F1Power of inspectionN.I.

50.(1) Any person authorised by the Department may at any reasonable time enter and inspect any premises (other than premises in respect of which any person is registered under[F2 Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) 2003]) in which services are, or are proposed to be, provided by any person or body under arrangements made with the Department under this Order.

(2) Any person inspecting any premises under this Article may—

(a)make such examination into the state and management of the premises and the services provided therein as he thinks fit;

(b)inspect any records (in whatever form they are held) relating to the premises, or any person for whom services have been or are to be provided there; and

(c)require the owner of, or any person employed in, the premises to furnish him with such information as he may request.

(3) Any person exercising the power to inspect records conferred by paragraph (2)(b)—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

to give him such reasonable assistance as he may require.

(4) Any person inspecting any premises under this Article—

(a)may interview any person residing there in private—

(i)for the purpose of investigating any complaint as to those premises or the services provided there, or

(ii)if he has reason to believe that the services being provided there for that person are not satisfactory; and

(b)may examine any such person in private.

(5) No person may—

(a)exercise the power conferred by paragraph (2)(b) so as to inspect medical records; or

(b)exercise the power conferred by paragraph (4)(b),

unless he is a medical practitioner and, in the case of the power conferred by paragraph (2)(b), the records relate to medical treatment given at the premises in question.

(6) Any person exercising the power of entry under paragraph (1) shall, if so required, produce some duly authenticated document showing his authority to do so.

(7) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) In this Article “services” includes facilities and accommodation.]

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