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Commencement Orders bringing legislation that affects this Act into force:
(1)In this Act, unless the context otherwise requires—
“action” includes failure to act and related expressions are to be construed accordingly,
“complaint” means a complaint to the Ombudsman,
“deputy Ombudsman” has the meaning given in section 1(2),
“family health service provider” has the meaning given in paragraph 5 of schedule 2 and references to family health services are to any of the services mentioned in that paragraph,
“health service body” has the meaning given in paragraph 4 of schedule 2,
“independent provider” has the meaning given in paragraph 6 of schedule 2,
“” has the meaning given in section 3(1),
“etc. (Scotland) Act 1994 (c.39),” means a council constituted under section 2 of the Local Government
“the Ombudsman” has the meaning given in section 1(1),
“the Parliament” means the Scottish Parliament,
“the Parliamentary corporation” means the Scottish Parliamentary Corporate Body,
“patient” includes an expectant or nursing mother and a lying-in woman,
“person aggrieved” has the meaning given in section 5(4),
“” has the meaning given in section 111 of the Housing (Scotland) Act 2001 (asp 10),
“request” means a request for investigation under section 2(2).
(2)For the purposes of this Act, action taken by or on behalf of a listed authority includes action taken by—
(a)where the authority is a body, a member or committee of the body,
(b)an officer or member of staff of the authority,
(c)any person acting on behalf of the authority, and
(d)any person to whom the authority has delegated functions.
(3)Action taken by or on behalf of a member of the Scottish Executive does not, however, include action taken on behalf of the Scottish Ministers by a Minister of the Crown or government department by virtue of section 93 (agency arrangements) of the Scotland Act 1998 (c.46).
(4)Where a listed authority is an office-holder in the Scottish Administration, the persons referred to in subsection (2)(b) include, in particular, any member of the staff of the Scottish Administration assigned to assist the office-holder in question in the exercise of the office-holder’s functions.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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