- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Healthcare Improvement Scotland (Inspections) Regulations 2011 No. 184
9.—(1) If an authorised person is in possession of personal records obtained for the purposes of an inspection which are no longer required for those purposes, the authorised person shall, not later than the date specified in paragraph (2)—
(a)in the case of original records, return the records to the person or body from which they were obtained; or
(b)in any other case, destroy them securely.
(2) The date specified for the purposes of paragraph (1) is the later of one year after—
(a)the date upon which the report of the inspection is submitted to the Scottish Ministers;
(b)if the report is published, the date of publication; or
(c)the final determination of any proceedings taken.
(3) For the purposes of paragraph (2)(c) “proceedings” means proceedings under the Act or any other enactment, before any court or tribunal if those proceedings are connected to a service subject to the inspection mentioned in paragraph (1).
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