Search Legislation

Public Services Reform (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Public Services Reform (Scotland) Act 2010, Cross Heading: Joint inspections is up to date with all changes known to be in force on or before 02 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Joint inspectionsS

115Joint inspectionsS

(1)Any two or more of the persons and bodies to which this section applies must, at the request of the Scottish Ministers, conduct an inspection (a “joint inspection”) in relation to the provision of—

(a)children's services,

(b)such other services as the Scottish Ministers may specify in respect of which such persons or bodies have inspection functions, or

(c)both.

(2)The Scottish Ministers may specify purposes for any joint inspection.

(3)The Scottish Ministers may request under subsection (1) that there be conducted a joint inspection of—

(a)any services concerned in the relevant area,

(b)such of the services concerned provided in the relevant area as they may specify, or

(c)such of the services concerned provided to a particular child or other person or particular children or other persons as they may specify.

(4)In paragraphs (a) and (b) of subsection (3), the “relevant area” is the whole of Scotland or such part of Scotland as the Scottish Ministers specify in their request.

(5)A joint inspection is to be conducted in accordance with—

(a)a timetable approved by the Scottish Ministers,

(b)any directions given by the Scottish Ministers.

(6)The persons and bodies to which this section applies are—

  • Healthcare Improvement Scotland,

  • [F1Her Majesty's Inspectors of Constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8),]

  • Her Majesty's Chief Inspector of Prisons for Scotland,

  • Her Majesty's Chief Inspector of Prosecution in Scotland,

  • Her Majesty's inspectors of schools (that is to say, the inspectors of schools appointed by Her Majesty under the Education (Scotland) Act 1980 (c. 44)),

  • Mental Welfare Commission for Scotland,

  • [F2Scottish Housing Regulator,]

  • Social Care and Social Work Improvement Scotland,

  • any Special Health Board.

(7)Where, in the opinion of any person or body to whom this section applies, a joint inspection would be appropriate, it must bring that to the attention of the Scottish Ministers.

(8)Those persons or bodies conducting a joint inspection must—

(a)report to the Scottish Ministers and make any recommendations to them which those conducting the inspection think appropriate,

(b)have regard to any code of practice or practice note issued by the Scottish Ministers for the purpose of—

(i)giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information),

(ii)promoting what appear to them to be desirable practices with regard to such matters.

(9)Subsection (6) may be amended by the Scottish Ministers by order so as to—

(a)add an entry to it, or

(b)remove any entry from it.

(10)The Scottish Ministers may vary or revoke any direction given under this section.

(11)For the purposes of subsection (8) of this section and [F3sections 116A(4) and] 117(3), 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.

(12)In this section, “children's services[F4is to be construed in accordance with section 7 of the Children and Young People (Scotland) Act 2014.]

Textual Amendments

F1Words in s. 115(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 40(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Words in s. 115(6) inserted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 15(2); S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Commencement Information

I1S. 115 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2S. 115 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

116Participation in joint inspectionsS

(1)The Scottish Ministers may direct a person or body—

(a)not listed in section 115(6), but

(b)which has inspection functions,

to participate in the conduct of a joint inspection to the extent and for the purposes specified in the direction.

(2)In directing under subsection (1) a person or body to participate in a joint inspection, the Scottish Ministers may also direct that the person, or any person authorised by the body, is not to be able to exercise any such power conferred by regulations under section 117 as is specified in the direction; or is to be able to exercise any such power but only to the extent or for the purposes there specified.

Commencement Information

I3S. 116 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I4S. 116 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

[F5116AJoint inspections of social services and health servicesS

(1)Social Care and Social Work Improvement Scotland (“SCSWIS”) and Healthcare Improvement Scotland (“HIS”) may jointly conduct an inspection in relation to—

(a)any social services, services provided under the health service or services provided by an independent health care service which are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), or

(b)a local authority, Health Board or integration joint board (as defined in section 1(4)(a) of the 2014 Act) which is required by section 29 of the 2014 Act to prepare a strategic plan.

(2)The purposes of an inspection under this section may be any of those mentioned in section 10I(1) or (1B) or 10J(2) of the National Health Service (Scotland) Act 1978 or section 53(2) of this Act.

(3)On the request of SCSWIS and HIS, any other person or body mentioned in section 115(6) may conduct an inspection under subsection (1) jointly with SCSWIS and HIS.

(4)In conducting an inspection under this section, SCSWIS and HIS must have regard to any code of practice or practice note issued by the Scottish Ministers for the purpose of—

(a)giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information),

(b)promoting what appear to them to be desirable practices with regard to such matters.

(5)After conducting an inspection under this section, SCSWIS and HIS must—

(a)prepare a report, and

(b)give any person to whom the report relates an opportunity to comment on the report.

(6)SCSWIS and HIS must—

(a)give the report to the Scottish Ministers,

(b)give copies of the report to any person to whom the report relates, and

(c)make copies of the report available at their offices for inspection by any person at any reasonable time.

(7)In this section—

  • independent health care service” has the meaning given by section 10F of the National Health Service (Scotland) Act 1978;

  • social services” has the meaning given by section 46.]

117Regulations relating to joint inspectionsS

(1)The Scottish Ministers may by regulations make further provision concerning joint inspections.

(2)Regulations under subsection (1) may, in particular, make provision—

(a)as to seizure and removal of anything found during the course of a joint inspection,

(b)as to persons who may be authorised to carry out joint inspections,

(c)requiring or facilitating the sharing or production of information (including health records) for the purposes of a joint inspection,

(d)as to interviews and examinations (including physical and mental examinations) which may be carried out in connection with the inspections,

(e)requiring any person to provide to a person authorised to carry out a joint inspection an explanation of information produced to an authorised person,

(f)requiring information produced to a person authorised to carry out a joint inspection to be held in compliance with prescribed conditions and further disclosures to be made in compliance with such conditions,

(g)empowering a person authorised to carry out a joint inspection to enter any premises for the purposes of such an inspection,

(h)empowering a person authorised to carry out a joint inspection to disclose to a person prescribed for the purposes of this paragraph any information of a prescribed nature which the authorised person holds in consequence of such an inspection,

(i)as to reports in relation to a joint inspection,

(j)creating offences punishable on summary conviction by a fine not exceeding level 4 on the standard scale for the purpose of enforcing any provision of the regulations.

(3)Where a person authorised to carry out a joint inspection is in possession of confidential information which has been obtained for the purposes of such an inspection, the 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 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 person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders.

(4)In subsection (2), “health records” has the same meaning as in Part 5.

(5)In subsection (2), “prescribed” means prescribed by regulations under subsection (1).

[F6(6)In this section, “joint inspection” means an inspection conducted under section 115 or 116A.]

Textual Amendments

Commencement Information

I5S. 117 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I6S. 117 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

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.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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 enacted 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