The webpages on information governance are being updated in accordance with changes to data protection legislation in the UK.

Further information about these changes are available from the Information Commissioner’s Office (ICO): The ICO is the UK's independent data protection regulator.

UK and national legislation: A-L | M-Z | By subject


Mental Capacity Act (2005)

NHS Scotland Personal Health Care Record Management Policy for NHS Boards covers best practice in relation to the creation, use, storage, management and disposal of NHS records in Scotland.

Patients Rights (Scotland) Act (2011) states communication in a patient’s healthcare record should be clear, accessible and understood.

Public Records Act (1958) states:

  • All records an individual creates are their responsibility
  • All NHS records are public records.

Public Records (Scotland) Act (2011)

  • Requires authorities to produce and implement record management plans.
  • Scottish public authorities should promote efficient and accountable record keeping.

Special Educational Needs and Educational Code of Practice 0-25 years (2015) produced by the Department of Education and Department of Health. This statutory piece of legislation covers:

  • Supporting children, young people and parents to participate in decision-making
  • Roles and responsibility of education, health and care
  • Record keeping
  • Writing, content, amending, disclosing Education, Health and Care (EHC) plans
  • Sharing Information
  • Mental capacity

Statutory Framework for the Early Years Foundation Stage (2014) states practitioners must:

  • Retain records of the children under their care
  • Make these records available to parents, other professionals, police and social services, as relevant to the child’s care, and providing there are no relevant exemptions under the Data Protection Act.
  • Hold them securely
  • Retain them for a ‘reasonable period of time’