Patient Safety Commissioner for Scotland Act 2023

Part 2 Appointment, termination and terms and conditions

Appointment

4 (1) The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.

(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).

(3) The kind of individual referred to in sub-paragraph (2) is an individual with a financial interest in (including by reason of being remunerated by)—

(a) a health care provider,

(b) a body constituted by virtue of the National Health Service (Scotland) Act 1978,

(c) a supplier or manufacturer of medicines or medical devices.

(4) An individual may not be appointed to hold the office of Commissioner if the individual—

(a) is disqualified under paragraph 5,

(b) holds or has held the office of Commissioner.

Disqualification from appointment

5 An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords.

Tenure

6 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).

Early termination

7 (1) The Commissioner’s appointment ends if—

(a) the Commissioner is relieved of office by His Majesty at the Commissioner’s request,

(b) the Commissioner becomes disqualified from holding office (see paragraph 5), or

(c) the Commissioner is removed from office in accordance with sub-paragraph (2).

(2) The Commissioner may be removed from office by His Majesty if—

(a) the condition in sub-paragraph (3)(a) or (b) is met, and

(b) the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.

(3) The conditions are—

(a) that—

(i) the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, and

(ii) the Parliament resolves that the Commissioner should be removed from office for that breach,

(b) the Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to exercise the Commissioner’s functions.

Validity of things done

8 The validity of things done by the Commissioner is not affected by—

(a) a defect in the nomination or the appointment of the Commissioner,

(b) the disqualification of an individual as the Commissioner after appointment.

Remuneration, allowances and pensions

9 (1) The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.

(2) The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner’s functions.

(3) The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.

(4) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(5) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Subsequent appointments etc.

10 (1) A person who has ceased to be the Commissioner (“the former Commissioner”) may not, without the approval of the Parliamentary corporation—

(a) be employed or appointed in any capacity by the Commissioner,

(b) be an employee or appointee of—

(i) any person in relation to whom, or

(ii) any body in relation to which,

an investigation under this Act has been carried out or continued by the former Commissioner when Commissioner, or hold office in any such body, or

(c) hold any other office, employment or appointment or engage in any other occupation, that, by virtue of paragraph 5, the former Commissioner could not have held or, as the case may be, engaged in when Commissioner.

(2) The restriction in sub-paragraph (1)—

(a) starts when the person ceases to be the Commissioner, and

(b) ends with the expiry of the financial year following the one in which it started.

Other terms and conditions

11 (1) The Parliamentary corporation may determine other terms and conditions of appointment, in relation to matters not covered by this Act.

(2) The terms and conditions may—

(a) prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,

(b) provide that the Commissioner’s holding any specified office, employment or appointment or engagement in any specified occupation is subject to the approval of the Parliamentary corporation.

(3) In sub-paragraph (2), “specified” means specified (by name or description) in the Commissioner's terms and conditions.

Acting Patient Safety Commissioner

12 (1) This paragraph applies during any period when—

(a) the office of Commissioner is vacant, or

(b) the individual holding the office is for any reason unable to carry out the Commissioner’s functions.

(2) The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.

(3) An individual appointed under sub-paragraph (2)—

(a) is appointed on such terms and conditions as the Parliamentary corporation determines,

(b) while acting as Commissioner is to be treated for all purposes except those of paragraphs 6, 7 and 9(3), as the Commissioner.