(1)Any inspection under this Part must be carried out by a person authorised by SCSWIS (an “authorised person”).
(2)A person may be authorised by SCSWIS to carry out inspections in relation to any social service or all of them.
(3)An authorised person may at any time enter and inspect premises which are used, or which the person has reasonable cause to believe are used, for the purpose of providing the social service which is subject to inspection.
(4)Where an authorised person is in possession of confidential information which has been obtained for the purposes of an inspection under this Part, the authorised 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 authorised 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)), F1...
(d)to the extent considered necessary by the authorised person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders[F2, or
(e)to the extent considered necessary by the authorised person for the purpose of assisting the Scottish Public Services Ombudsman in connection with the Ombudsman’s investigatory functions under the Scottish Public Services Ombudsman Act 2002].
Textual Amendments
F1Word in s. 56(4)(c) omitted (1.4.2017) by virtue of The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 5(a)
F2S. 56(4)(e) and word inserted (1.4.2017) by The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 5(b)
Commencement Information
I1S. 56 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, sch.
I2S. 56 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, sch.