(1)Where an application is made under subsection (1)(a) or (b) of section 3 above and—
(a)in the case of a record held in England and Wales, the patient is a child; or
(b)in the case of a record held in Scotland, the patient is a pupil,
access shall not be given under subsection (2) of that section unless the holder of the record is satisfied that the patient is capable of understanding the nature of the application.
(2)Where an application is made under subsection (1)(c) or (d) of section 3 above, access shall not be given under subsection (2) of that section unless the holder of the record is satisfied either—
(a)that the patient has consented to the making of the application; or
(b)that the patient is incapable of understanding the nature of the application and the giving of access would be in his best interests.
(3)Where an application is made under subsection (1)(f) of section 3 above, access shall not be given under subsection (2) of that section if the record includes a note, made at the patient’s request, that he did not wish access to be given on such an application.