Explanatory note

This Order makes provision consequential on the Children’s Hearings (Scotland) Act 2011 (asp 1) (“the 2011 Act”), which restates and updates the law relating to children’s hearings in Scotland.

The Order amends four orders made under the Data Protection Act 1998 (“the 1998 Act”) in consequence of the 2011 Act, namely,

• the Data Protection (Subject Access Modification) (Health) Order 2000;

• the Data Protection (Subject Access Modification) (Education) Order 2000;

• the Data Protection (Subject Access Modification) (Social Work) Order 2000; and

• the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000.

These orders provide for the partial exemption from the provisions of the 1998 Act, which confer rights on data subjects to gain access to data held about them, in relation to certain specific areas e.g. social work or education.

This order amends the orders listed above to insert a reference exempting information provided under the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (S.S.I. 2013/194) from the subject information provisions, in terms of Part 4 of the 1998 Act, in the circumstances governed by these orders.