Care Reform (Scotland) Act 2025

2 Power to create schemes

(1) The Scottish Ministers may by regulations provide for a scheme that allows information to be shared in order that public health and social care services can be provided efficiently and effectively.

(2) Regulations under subsection (1) may in particular—

(a) require one person to supply information to another person,

(b) specify the purposes for which, and circumstances in which, information shared under a scheme may be used,

(c) create sanctions (civil or criminal) for those who fail to comply with the regulations’ requirements.

(3) For the purposes of this section, a public health and social care service is a service provided in pursuance of—

(a) a function conferred by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, or

(b) a function that is exercisable by—

(i) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, or

(ii) a special health board constituted under section 2(1)(b) of that Act.

(4) For the avoidance of doubt, regulations under subsection (1) may provide for information to be shared in order for it to be used not only directly in the performance of the functions mentioned in subsection (3) but also in the performance of any function that supports the efficient and effective provision of public health and social care services (for example, the Scottish Ministers’ functions under section 58 of the Regulation of Care (Scotland) Act 2001).