P ART 2 H EALTH AND SOCIAL CARE INFORMATION 36 Care records (1) The Scottish Ministers may by regulations provide for a scheme that allows information to be shared in order that public health and social care services can be provided efficiently and effectively (2) Regulations under subsection (1) may in particular— (a) require one person to supply information to another person, (b) create sanctions (civil or criminal) for those who fail to comply with the regulations’ requirements. (3) For the purposes of this section, a public health and social care service is a service provided in pursuance of— draft 2024-06-21 15 National Care Service (Scotland) Bill Part 2—Health and social care information (a) a function conferred by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, or (b) a function that is exercisable by— (i) a heath board, or (ii) a special health board. (4) For the avoidance of doubt, regulations under subsection (1) may provide for information to be shared in order for it to be used, not only directly in the performance of the functions mentioned in subsection (3), but also in the performance of any function that supports the efficient and effective provision of public health and social care services (for example, the Scottish Ministers’ functions under section 58 of the Regulation of Care (Scotland) Act 2001). 37 Information standard (1) An information standard is a document, produced by the Scottish Ministers, setting out how certain information is to be processed. (1A) An information standard may set out how information is to be processed by reference to another document (including a document which is not in existence when the standard is produced). (2) The Scottish Ministers must make any information standard they produce publicly available. (3) A person to whom subsection (4) applies must— (a) comply with any information standard, and (b) include in any agreement for the provision of a service on the person’s behalf a requirement that the other party comply with any information standard. (4) This subsection applies to— (aa) the National Care Service Board, (ab) a National Care Service local board, (ac) a local authority, but only insofar as it is exercising a function conferred on it by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, (b) a health board, (c) a special health board, (d) the Common Services Agency for the Scottish Health Service, (e) Healthcare Improvement Scotland, (f) the Scottish Ministers, but only insofar as they are exercising a function conferred on them by virtue of— (ii) section 58 of the Regulation of Care (Scotland) Act 2001, (iii) the National Health Service (Scotland) Act 1978. draft 2024-06-21 16 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (4A) The Scottish Ministers may by regulations modify subsection (4), but may do so only for the purpose of promoting the efficient and effective provision of a public health and social care service as defined by section 36(3). (5) The references to an information standard in subsections (2) and (3) do not include an information standard that the Scottish Ministers have withdrawn. (6) In this section, “processed” includes doing any of the things referred to in paragraphs (a) to (f) of section 3(4) of the Data Protection Act 2018. P ART 3 R...