Search Legislation

Patient Rights (Scotland) Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: Cross Heading: Charter of Patient Rights and Responsibilities

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Patient Rights (Scotland) Act 2011, Cross Heading: Charter of Patient Rights and Responsibilities. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Charter of Patient Rights and ResponsibilitiesS

1Charter of Patient Rights and ResponsibilitiesS

(1)The Scottish Ministers must, within 6 months of the coming into force of this section, publish a document to be known as the Charter of Patient Rights and Responsibilities (“the Charter”).

(2)The Charter must set out a summary of the rights and responsibilities (as existing at the date of publication) of patients and relevant persons.

(3)The Charter may also include—

(a)a summary of the duties of relevant NHS bodies,

(b)a summary of the behaviour expected from patients and relevant persons,

(c)such other information as the Scottish Ministers consider relevant in relation to health care or the health service (for example, information relating to targets for the periods of time within which patients are to be treated).

(4)Nothing in the Charter is to—

(a)give rise to any new rights,

(b)impose any new responsibilities, or

(c)alter (in any way) an existing right or responsibility.

(5)For the purposes of this section and section 2, a “relevant person” is—

(a)a person who has a personal interest in the health care of a patient (for example a member of the patient's family or a carer),

(b)such other categories of person as the Scottish Ministers consider appropriate.

(6)The Charter is to be published in such form and manner as the Scottish Ministers consider appropriate.

(7)Before publishing the Charter under subsection (1), the Scottish Ministers must—

(a)consult such persons as they consider appropriate,

(b)lay a copy of the Charter before Parliament.

(8)The Scottish Ministers must, as soon as reasonably practicable after publication of the Charter under subsection (1), notify each relevant NHS body of the publication of the Charter.

(9)Each relevant NHS body must make available without charge copies of the Charter to patients, staff and members of the public.

(10)In carrying out the duty under subsection (9), a relevant NHS body must take account of the particular needs of the persons to whom the Charter is to be made available as to the form of the Charter (for example by making it available in different languages or in Braille or by having regard to the particular needs of adults with incapacity within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

2Review and revision of CharterS

(1)The Scottish Ministers must carry out a review of the Charter at least once in any period of 5 years.

(2)The purposes of a review under subsection (1) are—

(a)to ensure that the Charter continues to accurately summarise the rights and responsibilities of patients and relevant persons (as existing at the date of review), and

(b)to assess how effective the Charter is in raising awareness of the rights and responsibilities of patients and relevant persons.

(3)When reviewing the Charter under subsection (1), the Scottish Ministers must also review how effective the arrangements for the publication and distribution of the Charter have been in promoting awareness of the Charter and, if they consider it appropriate, take such steps as they consider necessary to improve those arrangements.

(4)In carrying out a review under subsections (1) and (3) the Scottish Ministers must consult such persons as they consider appropriate.

(5)The first review under subsection (1) must be completed not later than 5 years from the date on which the Charter is published under section 1(1).

(6)The Scottish Ministers must revise the Charter where, following a review under subsection (1), the Scottish Ministers consider that the Charter—

(a)does not accurately summarise the rights and responsibilities of patients and relevant persons, or

(b)is not sufficiently effective in raising awareness of the rights and responsibilities of patients and relevant persons.

(7)The Scottish Ministers may revise the Charter at any other time if they consider it appropriate to do so (whether following a review under subsection (1) or otherwise).

(8)Where the Scottish Ministers revise the Charter under subsection (6) or (7), they must—

(a)publish it as so revised (in such form and manner as they consider appropriate),

(b)notify each relevant NHS body of the publication of the Charter as so revised.

(9)Before publishing the Charter under subsection (8)(a), the Scottish Ministers must—

(a)consult such persons as they consider appropriate, and

(b)lay a copy of the Charter before Parliament.

(10)In this Act, a reference to the Charter is a reference to the Charter as it may be revised from time to time.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources