The Social Security Information-sharing (Scotland) Amendment Regulations 2024
| Jurisdiction | Scotland |
| Year | 2024 |
| Citation | SSI 2024/8 |
2024 No. 8
Social Security
The Social Security Information-sharing (Scotland) Amendment Regulations 2024
Made 9th January 2024
Coming into force 16th January 2024
The Scottish Ministers make the following Regulations in exercise of the power conferred by sections 85(5) and 95 of the Social Security (Scotland) Act 20181and all other powers enabling them to do so.
In accordance with section 96(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security Information-sharing (Scotland) Amendment Regulations 2024 and come into force on 16 January 2024.
(2) In these Regulations “the 2021 Regulations” means the Social Security Information-sharing (Scotland) Regulations 20212.
Amendment of the 2021 Regulations
2. In regulation 4 of the 2021 Regulations (use of information supplied by the Scottish Ministers)—
(a) after paragraph (1)(b), insert—
“
(c)
(c) where regulation 4A applies, a local authority for use for the purposes of the functions of the local authority specified in paragraph (3A),
(d)
(d) where regulation 4B applies, a local authority for use for the purposes of the functions of the local authority specified in paragraph (3B),
(e)
(e) where regulation 4C applies, the Public Guardian for use for the purposes of the function of the Public Guardian specified in paragraph (3C),
”,
(b) after paragraph (3), insert—
“
3A The specified functions referred to in paragraph (1)(c) are—
(a) the duty to promote social welfare under section 12 of the Social Work (Scotland) Act 19683(general social welfare services of local authorities),
(b) the duty to children looked after by local authorities under section 17 of the Children (Scotland) Act 19954(duty of local authority to child looked after by them),
(c) the duty to safeguard and promote the welfare of children who are in need under section 22 of the Children (Scotland) Act 19955(promotion of welfare of children in need),
(d) the duty to make inquiries about a person’s well-being, property or financial affairs under section 4 of the Adult Support and Protection (Scotland) Act 20076(council’s duty to make inquiries),
(e) the power to make an application for a child assessment order under section 35 of the Children’s Hearings (Scotland) Act 20117(child assessment orders),
(f) the duty to provide information to the Principal Reporter under section 60 of the Children’s Hearings (Scotland) Act 2011 (local authority’s duty to provide information to Principal Reporter).
3B The specified functions referred to in paragraph (1)(d) are—
(a) the duty to make inquiries about a person’s property or financial affairs under section 4 of the Adult Support and Protection (Scotland) Act 2007 (council’s duty to make inquiries),
(b) the duty to investigate any circumstances made known to the local authority in which the personal welfare of an adult seems to them to be at risk under section 10(1)(d) of the Adults with Incapacity (Scotland) Act 20008(functions of local authorities).
3C The specified function referred to in paragraph (1)(e) is the duty to investigate circumstances where the property or financial affairs of an adult appear to be at risk under section 6(2)(d) of the Adults with Incapacity (Scotland) Act 20009(the Public Guardian and his functions).
3. After regulation 4 of the 2021 Regulations (use of information supplied by the Scottish Ministers), insert—
“
Use of information supplied under regulation 4(1)(c)
4A.—(1) This regulation applies where—
(a)
(a) in the exercise of their social security functions, the Scottish Ministers know or believe that a person with whom they have come into contact (“person A”) is—
(i) at real risk of harm,
(ii) has needs of care and support, and
(iii) as a result of those needs, is unable to protect themselves against that risk, and
(b)
(b) the Scottish Ministers consider the supply of information is necessary to protect person A from harm.
(2) The information is to be supplied only with the explicit consent of person A unless paragraph (3) applies.
(3) This paragraph applies where—
(a)
(a) in the circumstances, person A’s consent cannot be given,
(b)
(b) in the circumstances, the Scottish Ministers cannot reasonably be expected to obtain the consent of person A, or
(c)
(c) in the circumstances, the Scottish Ministers consider obtaining consent of person A would prejudice the protection mentioned in paragraph (1)(b).
(4) In this regulation—
(a)
(a) in paragraph (1)(a)(i)—
(i) “real risk of harm” means being subjected to conduct causing or likely to cause a person to suffer significant—
(aa) neglect, or
(bb) physical, mental or emotional harm,
and includes engaging in...
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