Act of Sederunt (Access to Health Records Rules) 1991

• Citation: S.I. 1991/2607
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Act of Sederunt may be cited as the Act of sederunt (Access to Health Records Rules) 1991 and shall come into force on 26th November 1991.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

(3) In this Act of Sederunt—

“ the Act ” means the Access to Health Records Act 1990 ;

“the regulations” means a regulation in the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) (Scotland) Regulations 1991 .

Section 2 Applications

(1) An application under section 8(1) of the Act (applications to the court for order to comply with requirement of the Act) shall be made by summary application.

(2) A summary application under paragraph (1) of this rule shall specify those steps prescribed in the Regulations which have been taken by the person concerned to secure compliance with any requirement of the Act.

(3) Such a summary application, when lodged in process, shall be accompanied by—

(a) a copy of the application under section 3 of the Act (applications for access to a Health record);

(b) a copy of the complaint under regulation 3 or 4 of the Regulations (complaint about non-compliance with the Act); and

(c) if applicable, a copy of the report under regulation 6 of the Regulations (report in response to complaint).

Section 3 Periods

The application shall be made where the applicant—

(a) has received a report in accordance with regulation 6 of the Regulations, within one year of the date of the report;

(b) has not received such a report, within 18 months of the date of the complaint.