Search Legislation

The Healthcare Improvement Scotland (Inspections) Regulations 2011

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These Regulations may be cited as the Healthcare Improvement Scotland (Inspections) Regulations 2011 and come into force on 1st April 2011.

Interpretation

2.—(1) In these Regulations—

the Act” means the National Health Service (Scotland) Act 1978;

“authorised person” means a person authorised by HIS to carry out an inspection under—

(a)

section 10I (inspections of services provided under the health service);

(b)

section 10K (authorised persons); or

(c)

section 10M (inspections at request of Scottish Ministers);

“information” includes any document, record (including personal records), or item or any part of a document, record or item;

“independent health care service” has the same meaning as in section 10F (meaning of “independent health care service”);

“inspection” means, unless otherwise stated, an inspection under—

(a)

section 10J (inspections of independent health care services); or

(b)

section 10M (inspections at request of Scottish Ministers) if that inspection relates to an independent health care service;

“HIS” means Healthcare Improvement Scotland established by section 10A (Healthcare Improvement Scotland);

“medical records” has the meaning given in section 10O(4) (regulations relating to inspections);

“personal records” includes health records as defined in section 10O(4);

“pharmacist” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 (establishment, maintenance of and access to the register) of the Pharmacy Order 2010(1) or the register maintained in pursuance of articles 6 (the register) and 9 (the registrars) of the Pharmacy (Northern Ireland) Order 1976(2);

“registered dentist” means a person registered in the register maintained under section 14 (the dentists register and the registrar) of the Dentists Act 1984(3);

“registered nurse” means an individual registered in the register maintained under article 5 (establishment and maintenance of the register) of the Nurses and Midwives Order 2001(4) by virtue of qualifications in nursing;

“service user” means a person cared for, by or accommodated in the premises of an independent healthcare service.

(2) Any reference in these Regulations—

(a)to the provision of a service includes the management, organisation or co-ordination of a service; and

(b)to a section is a reference to that section of the Act except where otherwise indicated.

Authorised persons

3.—(1) A person may be authorised by HIS to carry out inspections under section 10I and 10M.

(2) If the inspection relates to an independent healthcare service, a person authorised by HIS to carry out inspections under section 10M may at any time enter and inspect premises which are used or which the person has reasonable cause to believe are used to provide the independent health care service being inspected.

(3) HIS will determine the qualifications required for the role of an authorised person.

Assistance with inspections and the taking of measurements photographs and recordings

4.  An authorised person may, in carrying out an inspection—

(a)require any person to afford such facilities and assistance with respect to matters within the person’s control as are necessary to enable the authorised person to carry out the inspection; and

(b)take such measurements and photographs and take such recordings as the authorised person considers necessary.

Power to require information

5.—(1) Subject to paragraph (4), if an authorised person considers it necessary or expedient for the purposes of an inspection the authorised person may—

(a)inspect, remove from the premises and take copies of any information; or

(b)request delivery of any information and make copies of that information,

if the information relates to the provision of an independent health care service.

(2) The power in paragraph (1) includes—

(a)power to require any person holding or accountable for information to produce it; and

(b)in relation to electronically stored information, power to require the information to be produced in a form which is acceptable to the authorised person and can be removed from the premises.

(3) When inspecting information under paragraph (1) an authorised person is entitled to have access to any computer and associated apparatus or material which is or has been used in connection with that information.

(4) Nothing in this regulation allows an authorised person to inspect medical records unless that person is a health professional.

(5) For the purposes of this regulation a “health professional” means—

(a)a medical practitioner;

(b)a registered nurse;

(c)a pharmacist; or

(d)a registered dentist.

Explanation of information

6.—(1) If an authorised person considers it necessary or expedient for the purposes of an inspection, the authorised person may require an individual falling within the description in paragraph (2) to explain any information inspected, copied, removed or provided in the course of the inspection.

(2) An individual falls within the description in this paragraph if the authorised person considers that individual to be, or to have been—

(a)responsible for compiling or holding the information or any part of it; or

(b)making use of the information, or any part of it.

Interviews and examinations

7.—(1) An authorised person may conduct any examination or interview with regard to the following matters if that authorised person thinks it necessary or expedient for the purposes of carrying out an inspection:—

(a)the provision, organisation or co-ordination of the independent health care service;

(b)the premises from which the independent health care service is provided; and

(c)the treatment of service users.

(2) Without prejudice to the generality of paragraph (1), an authorised person may in private interview—

(a)the manager of the service or the premises;

(b)any person involved in the provision, co-ordination or organisation of the service;

(c)any person otherwise connected with the provision of the service;

(d)any person employed by the service or the premises;

(e)any service user who consents to be interviewed;

(f)any carer, relative or representative of a service user who consents to be interviewed.

(3) An interview is in private for the purposes of paragraph (2) even if conducted in the presence of—

(a)a guardian, continuing attorney or welfare attorney of the person interviewed; or

(b)some other person, provided that the person interviewed so wishes and the authorised person does not object.

(4) If the authorised person is a medical practitioner or a registered nurse and has reasonable cause to believe that a service user is not receiving proper care, the authorised person may—

(a)in private, and only with the consent of the service user, conduct an examination of the service user;

(b)inspect any medical records relating to the treatment of the service user.

(5) If the authorised person is a registered dentist and has reasonable cause to believe that a service user is not receiving proper dental care, the authorised person may—

(a)in private, and only with the consent of the service user, conduct an examination of the service user;

(b)inspect any medical records relating to the treatment of the service user.

(6) An examination is in private for the purposes of paragraphs (4) and (5) of this regulation even if conducted in the presence of a third party provided that—

(a)the person examined so wishes and the authorised person does not object; or

(b)the authorised person so wishes and the person examined consents.

(7) In this regulation—

“continuing attorney” has the same meaning as in section 15 (creation of continuing power of attorney) of the Adults with Incapacity (Scotland) Act 2000(5);

“guardian” means a guardian appointed under section 58 (disposal of application) of the Adults with Incapacity (Scotland) Act 2000;

“welfare attorney” has the same meaning as in section 16 (creation and exercise of welfare power of attorney) of the Adults with Incapacity (Scotland) Act 2000.

Authorised persons: duty to prove authorisation

8.  An authorised person must, on request, produce a document from HIS which confirms the person is authorised to carry out inspections.

Disposal of personal records

9.—(1) If an authorised person is in possession of personal records obtained for the purposes of an inspection which are no longer required for those purposes, the authorised person shall, not later than the date specified in paragraph (2)—

(a)in the case of original records, return the records to the person or body from which they were obtained; or

(b)in any other case, destroy them securely.

(2) The date specified for the purposes of paragraph (1) is the later of one year after—

(a)the date upon which the report of the inspection is submitted to the Scottish Ministers;

(b)if the report is published, the date of publication; or

(c)the final determination of any proceedings taken.

(3) For the purposes of paragraph (2)(c) “proceedings” means proceedings under the Act or any other enactment, before any court or tribunal if those proceedings are connected to a service subject to the inspection mentioned in paragraph (1).

Information sharing

10.—(1) Subject to section 10K(4), if an authorised person has obtained information for the purpose of an inspection under section 10J, that person may disclose to a person prescribed in paragraph (2) so much of that information as the authorised person considers would assist the person with whom the information is shared in carrying out that person’s functions.

(2) The prescribed persons are—

(a)an authorised person as defined in regulation 3 (authorised persons) of the Public Services Reform (Joint Inspections) (Scotland) Regulations 2011(6); or

(b)an authorised person as defined in regulation 2(1) (interpretation) of the Public Services Reform (Social Services Inspections) Regulations 2011(7).

Offences

11.  Any person who—

(a)intentionally obstructs the exercise of any power conferred by these Regulations; or

(b)fails, without reasonable excuse, to comply with any requirement imposed by these Regulations,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th March 2011

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources