Part 3General

7Interpretation

1

In this Act—

  • “child” means a person under 18 years of age;

  • “children’s services” means services provided predominantly to, or for the benefit of, children to which the provisions of section 15(1) of the Local Government in Scotland Act 2003 (asp 1) apply;

  • “inspector” means a person appointed under section 4;

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

  • “medical records” means records relating to the physical or mental health of an individual;

  • “medically qualified inspector” means an inspector who is a registered medical practitioner;

  • “registered medical practitioner” shall be construed in accordance with section 2 of the Medical Act 1983 (c. 54);

  • “relevant medical records” means medical records which have been prepared by a registered medical practitioner who is, or has been, responsible for the clinical care of the individual to whom the records relate;

  • “social work service” means—

    1. a

      a service which is provided by a local authority in the exercise of any of their social work services functions; or

    2. b

      a service which is provided by another person pursuant to arrangements made by a local authority in the exercise of their social work services functions;

  • “social work services functions” means functions under the enactments specified in subsection (2).

2

The enactments referred to in the definition of “social work services functions” in subsection (1) are—

a

Part IV of the Children and Young Persons (Scotland) Act 1937 (c. 37);

b

sections 22(2) to (5A) and (8), 26(2) to (4), 43, 45, 47 and 48 of the National Assistance Act 1948 (c. 29);

c

the Disabled Persons (Employment) Act 1958 (c. 33);

d

section 11 of the Matrimonial Proceedings (Children) Act 1958 (c. 40);

e

the Social Work (Scotland) Act 1968 (c. 49);

f

the Social Work (Scotland) Act 1968 as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 (c. 44) and the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33);

g

the Children Act 1975 (c. 72);

h

the Adoption (Scotland) Act 1978 (c. 28);

i

sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41);

j

the Foster Children (Scotland) Act 1984 (c. 56);

k

sections 38(b) and 235 of the Housing (Scotland) Act 1987 (c. 26);

l

Part II of the Children (Scotland) Act 1995 (c. 36);

m

section 51 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

n

section 10 of the Adults with Incapacity (Scotland) Act 2000 (asp 4);

o

the Community Care and Health (Scotland) Act 2002 (asp 5);

p

the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

3

The list of enactments in subsection (2) may be amended by regulations.

4

For the purposes of this Act, information is “confidential information” where—

a

the identity of an individual is ascertainable—

i

from that information; or

ii

from that information and other information which is in the possession of, or is likely to come into the possession of, the person holding that information; and

b

the information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.