Part 2Reforms connected to delivery and regulation of care

Chapter 1Modifications to other enactments

Regulation of social services

20Scottish Social Services Council’s power to require information

(1)

The Regulation of Care (Scotland) Act 2001 is modified as follows.

(2)

After section 50 insert—

“Information from third parties

50ACouncil’s power to require information

(1)

The Council may, by notice in writing, require a person to provide it with information.

(2)

A notice under subsection (1) must specify—

(a)

the information required,

(b)

the timescale within which it is to be provided.

(3)

Where information is not provided in accordance with a notice under subsection (1), the Council may apply to the sheriff for an order requiring the person to provide the information within such time as the sheriff may order.

(4)

The sheriff may make an order under subsection (3) only if it appears to the sheriff that the information sought is relevant to the exercise of a function of the Council set out in this Part.

(5)

This section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.”.

(3)

The italic heading immediately preceding section 57A becomes “Notification of dismissal etc. for misconduct”.

(4)

Section 57B (provision of other information to Council by employer) is repealed.