Reform history

- (2) [Schedule 1](https://www.legislation.gov.uk/asp/2023/6/schedule/1/2023-11-08) makes further provision about the office.

- (4) Nothing in [subsection (3)](https://www.legislation.gov.uk/asp/2023/6/section/2/3/2023-11-08) precludes the Commissioner from investigating past incidents in order to inform the actions that the Commissioner, and others, may take to effect systemic improvement in the safety of health care.

- (2) A strategic plan is a document setting out, for the period of the plan (as defined in [section 5](https://www.legislation.gov.uk/asp/2023/6/section/5/2023-11-08)[(2)](https://www.legislation.gov.uk/asp/2023/6/section/5/2/2023-11-08)), the Commissioner’s—

- (3) The strategy referred to in [subsection (2)](https://www.legislation.gov.uk/asp/2023/6/section/4/2/2023-11-08)[(a)](https://www.legislation.gov.uk/asp/2023/6/section/4/2/a/2023-11-08) must, in particular, make provision about how the Commissioner will seek to raise awareness of—

- (a) may make a new strategic plan at any time (having complied with [section 7](https://www.legislation.gov.uk/asp/2023/6/section/7/2023-11-08)),

- (1) Before finalising a document mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2023/6/section/7/3/2023-11-08), the Commissioner—

- (ii) the advisory group established in accordance with [section 16](https://www.legislation.gov.uk/asp/2023/6/section/16/2023-11-08), and

- (2) In considering who it would be appropriate to consult for the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2023/6/section/7/1/2023-11-08), the Commissioner is to give particular consideration to groups whose needs are, in the Commissioner’s opinion, under-represented or given insufficient weight in discourses around health care.

- (a) a statement of principles (see [section 3](https://www.legislation.gov.uk/asp/2023/6/section/3/2023-11-08)),

- (b) a strategic plan (see [section 4](https://www.legislation.gov.uk/asp/2023/6/section/4/2023-11-08)), and

- (c) a charter (see [section 6](https://www.legislation.gov.uk/asp/2023/6/section/6/2023-11-08)).

- (a) required under [section 13](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08) to supply information in relation to the investigation, or

- (3) Nothing in [this section](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08) precludes the Commissioner from investigating an issue otherwise than by way of a formal investigation.

- (1) The terms of reference for a formal investigation under [section 8](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08) must—

- (a) must consult the advisory group established in accordance with [section 16](https://www.legislation.gov.uk/asp/2023/6/section/16/2023-11-08),

- (1) Having concluded a formal investigation under [section 8](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08), the Commissioner must—

- (b) the Commissioner took steps to bring the investigation’s terms of reference to the person’s attention in accordance with [section 8](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08)[(2)](https://www.legislation.gov.uk/asp/2023/6/section/8/2/2023-11-08)[(b)](https://www.legislation.gov.uk/asp/2023/6/section/8/2/b/2023-11-08).

- (1) A person is subject to a requirement to respond to a recommendation in a report under [section 10](https://www.legislation.gov.uk/asp/2023/6/section/10/2023-11-08) if—

- (1) The Commissioner may require a person to which [subsection (4)](https://www.legislation.gov.uk/asp/2023/6/section/12/4/2023-11-08) applies to supply the Commissioner with information that—

- (c) is not information of a kind that the Commissioner is prohibited by [subsection (3)](https://www.legislation.gov.uk/asp/2023/6/section/12/3/2023-11-08) from requiring the person to supply.

- (5) In [this section](https://www.legislation.gov.uk/asp/2023/6/section/12/2023-11-08), “*information*” includes unrecorded information.

- (1) When carrying out a formal investigation under [section 8](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08), the Commissioner may require any person to supply information that—

- (2) But the Commissioner may only impose a requirement to supply information under [this section](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08) if the Commissioner is satisfied that requiring the information to be supplied is proportionate to the seriousness of the issue being investigated.

- (3) A requirement under [this section](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08) is imposed on a person when the Commissioner gives the person written notice specifying—

- (4) The Commissioner may require a person to supply information under [this section](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08) whether or not—

- (b) the Commissioner took steps to bring the investigation’s terms of reference to the person’s attention in accordance with [section 8](https://www.legislation.gov.uk/asp/2023/6/section/8/2023-11-08)[(2)](https://www.legislation.gov.uk/asp/2023/6/section/8/2/2023-11-08)[(a)](https://www.legislation.gov.uk/asp/2023/6/section/8/2/a/2023-11-08).

- (5) The Commissioner’s power to require a person to supply information under [this section](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08) is without prejudice to the Commissioner’s power to require a person to supply information under [section 12](https://www.legislation.gov.uk/asp/2023/6/section/12/2023-11-08).

- (6) In [this section](https://www.legislation.gov.uk/asp/2023/6/section/12/2023-11-08), “*information*” includes unrecorded information.

- (1) The Commissioner may take the action mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2023/6/section/14/3/2023-11-08) or [(4)](https://www.legislation.gov.uk/asp/2023/6/section/14/4/2023-11-08) (or both actions) where—

- (a) a requirement to supply information has been imposed on a person by a written notice under [section 12](https://www.legislation.gov.uk/asp/2023/6/section/12/2023-11-08) or [13](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08), and

- (2) The Commissioner may take the action mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2023/6/section/14/4/2023-11-08) where—

- (a) a requirement to supply information has been imposed on a person by a written notice under [section 12](https://www.legislation.gov.uk/asp/2023/6/section/12/2023-11-08) or [13](https://www.legislation.gov.uk/asp/2023/6/section/13/2023-11-08), and

- (5) After receiving a report under [subsection (4)](https://www.legislation.gov.uk/asp/2023/6/section/14/4/2023-11-08), and hearing any evidence or representations on the matter, the Court may (either or both)—

- (1) A person mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2023/6/section/15/3/2023-11-08) commits an offence if the person knowingly or recklessly makes an unauthorised disclosure of information that—

- (2) A disclosure of information is authorised for the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2023/6/section/15/1/2023-11-08) in so far as it is—

- (3) The persons referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/6/section/15/1/2023-11-08) are—

- (c) a member of the advisory group established in accordance with [section 16](https://www.legislation.gov.uk/asp/2023/6/section/16/2023-11-08),

- (4) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/6/section/15/1/2023-11-08) is liable—

- (2) In [this section](https://www.legislation.gov.uk/asp/2023/6/section/18/1/2023-11-08)—

- (2) The Parliamentary corporation is to make any direction under [this section](https://www.legislation.gov.uk/asp/2023/6/section/19/2023-11-08) publicly available.

- (3) A direction under [this section](https://www.legislation.gov.uk/asp/2023/6/section/19/2023-11-08) may vary or revoke a previous direction.

[Schedule 2](https://www.legislation.gov.uk/asp/2023/6/schedule/2/2023-11-08) modifies other enactments so that their provisions apply to the office of Commissioner.

- (2) Regulations under [section 22](https://www.legislation.gov.uk/asp/2023/6/section/22/2023-11-08) may modify any enactment (including this Act).

- (3) Regulations under [section 22](https://www.legislation.gov.uk/asp/2023/6/section/22/2023-11-08)—

- (1) The following provisions come into force the day after Royal Assent: [this section](https://www.legislation.gov.uk/asp/2023/6/section/24/2023-11-08) and [sections 21](https://www.legislation.gov.uk/asp/2023/6/section/21/2023-11-08), [22](https://www.legislation.gov.uk/asp/2023/6/section/22/2023-11-08), [23](https://www.legislation.gov.uk/asp/2023/6/section/23/2023-11-08) and [25](https://www.legislation.gov.uk/asp/2023/6/section/25/2023-11-08).

- (1) The Commissioner is not, except as provided in the provisions listed in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/3/2/2023-11-08), subject to the direction or control of—

- (2) The provisions referred to in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/3/1/2023-11-08) are—

- (a) sections [16](https://www.legislation.gov.uk/asp/2023/6/section/16/2023-11-08)[(4)](https://www.legislation.gov.uk/asp/2023/6/section/16/4/2023-11-08) and [(5)](https://www.legislation.gov.uk/asp/2023/6/section/16/5/2023-11-08) and [19](https://www.legislation.gov.uk/asp/2023/6/section/19/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/section/19/1/2023-11-08), and

- (b) [paragraphs 6](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/6/2023-11-08), [7](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/2023-11-08)[(3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/3/2023-11-08), [9](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/9/2023-11-08), [10](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/10/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/10/1/2023-11-08), [11](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/11/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/11/1/2023-11-08), [14](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/14/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/14/1/2023-11-08), [16](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/16/2023-11-08)[(2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/16/2/2023-11-08), [17](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/17/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/17/1/2023-11-08), [19](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/19/2023-11-08)[(1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/19/1/2023-11-08) and [(2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/19/2/2023-11-08), [21](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/21/2023-11-08)[(2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/21/2/2023-11-08) and [22](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/22/2023-11-08)[(3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/22/3/2023-11-08) of [this schedule](https://www.legislation.gov.uk/asp/2023/6/schedule/1/2023-11-08).

- (2) The Scottish Parliament must make arrangements for inquiring into whether a person whom the Parliament is considering nominating for appointment to the office of Commissioner is, or has been within the year preceding the date on which the appointment is to take effect, an individual of a kind mentioned in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/4/3/2023-11-08).

- (3) The kind of individual referred to in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/4/2/2023-11-08) is an individual with a financial interest in (including by reason of being remunerated by)—

- (a) is disqualified under [paragraph 5](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/5/2023-11-08),

The Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment (subject to [paragraph 7](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/2023-11-08)).

- (b) the Commissioner becomes disqualified from holding office (see [paragraph 5](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/5/2023-11-08)), or

- (c) the Commissioner is removed from office in accordance with [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/2/2023-11-08).

- (a) the condition in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/3/2023-11-08)(a) or (b) is met, and

- (5) The reference in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/9/3/2023-11-08) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

- (c) hold any other office, employment or appointment or engage in any other occupation, that, by virtue of [paragraph 5](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/5/2023-11-08), the former Commissioner could not have held or, as the case may be, engaged in when Commissioner.

- (2) The restriction in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/10/1/2023-11-08)—

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/12/2023-11-08) applies during any period when—

- (3) An individual appointed under [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/12/2/2023-11-08)—

- (b) while acting as Commissioner is to be treated for all purposes except those of [paragraphs 6](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/6/2023-11-08), [7](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/7/2023-11-08) and [9](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/9/2023-11-08)[(3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/9/3/2023-11-08), as the Commissioner.

- (2) The Commissioner may, subject to [paragraph 15](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/15/2023-11-08), determine and charge reasonable sums for providing anything in connection with the exercise of the Commissioner’s functions.

- (2) In [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/14/1/2023-11-08), the reference to acquiring or disposing of land includes acquiring or disposing of—

- (3) The reference in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/17/1/2023-11-08) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

- (2) The giving of authority under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/18/1/2023-11-08) in relation to a function does not—

- (4) A budget or a revised budget must contain a statement confirming that the Commissioner has complied with the duty under [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/19/3/2023-11-08).

- (d) where the accountable officer is not the Commissioner, the duty set out in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/3/2023-11-08).

- (3) The duty referred to in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/2023-11-08)[(d)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/d/2023-11-08) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/2023-11-08) [(a)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/a/2023-11-08) to [(c)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/c/2023-11-08), to—

- (4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions specified in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/20/2/2023-11-08).

- (2) The Commissioner must comply with any direction from the Scottish Ministers in relation to the matters mentioned in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/21/1/2023-11-08)[(a)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/21/1/a/2023-11-08) and [(b)](https://www.legislation.gov.uk/asp/2023/6/schedule/1/paragraph/21/1/b/2023-11-08).

| The Patient Safety Commissioner for Scotland | A matter of relevance to the Commissioner’s general functions as defined in [section 2](https://www.legislation.gov.uk/asp/2023/6/section/2/2023-11-08) of the Patient Safety Commissioner for Scotland Act 2023 |