47Power to inspect registers and records

47 Power to inspect registers and records

(1)  In this section –

prescribed records, in respect of an establishment, means the register of patients or any other records required by or under this Act to be kept at the establishment.

(2)  A person authorised by the Secretary under section 46  –

(a) may inspect and take copies of, or extracts from, any prescribed records of an establishment; or

(b) may take and retain possession of any prescribed records of an establishment for such period as is necessary to enable those records to be inspected and copies of, or extracts from, those records to be taken.

(3)  Where a person retains possession of any prescribed records of an establishment under subsection (2)(b) , the person must, during the period for which he or she retains possession of them –

(a) permit a person who is entitled to inspect any one or more of those records to inspect at all reasonable times such of the records as he or she is entitled to inspect; and

(b) permit a person who is required by or under this Act to make an entry in those records to make the entry at any reasonable time.

(4)  Subsection (2)(b) does not authorise a person who takes possession of any prescribed records of an establishment to remove those records from the establishment if those records –

(a) relate to a person who is then a patient of the establishment; and

(b) may be required to be referred to for the purposes of providing the patient with nursing care or medical, surgical or other treatment.

(5)  Subject to subsections (6) and (7) , in any legal proceedings (whether or not proceedings under this Act) a copy of or extract from a prescribed record is admissible in evidence as if it were the original record or the relevant part of the original record.

(6)  A copy of or extract from a prescribed record is not admissible in evidence under unless it is proved that the copy or extract is a true copy of the record or of the relevant part of the record.