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Scottish Public Services Ombudsman Act 2002

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SCHEDULE 2S Listed authorities

(introduced by section 3)

This schedule has no associated Explanatory Notes

Part 1S Entries not amendable by Order in Council

Scottish Parliament and Scottish AdministrationS

1The Parliamentary corporation.

2SAny member of the Scottish Executive.

3SAny other office-holder in the Scottish Administration.

Health serviceS

4Any health service body, that is to say—

(a)any Health Board,

(b)any Special Health Board,

(c)any National Health Service trust,

(d)the Common Services Agency for the Scottish Health Service,

(e)the Scottish Dental Practice Board,

(f)the Mental Welfare Commission for Scotland.

[F1(g)Healthcare Improvement Scotland]

Textual Amendments

F1Sch. 2 para. 4(g) added (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 25; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

5SAny person who is, or was at the time of the matter complained of, a family health service provider, that is to say—

[F2(a)a person (whether an individual or a body) providing primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or general dental services under Part II of that Act,]

(b)a person (whether an individual or a body) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under that Part of that Act, or

(c)an individual performing in Scotland [F3primary medical services] or personal dental services in accordance with—

(i)arrangements made under section 17C of that Act, or

(ii)a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997 (c.46),

(except as an employee of, or otherwise on behalf of, a health service body or an independent provider).

6SAny person who is, or was at the time of the matter complained of, an independent provider, that is to say a person (whether an individual or a body)—

(a)providing services of any kind in Scotland under arrangements with a health service body or family health service provider, and

(b)not being a health service body or a family health service provider.

Local government etc.S

7Any local authority.

8SAny committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities.

9SAny person who, by virtue of section 56(1) of the Local Government (Scotland) Act 1973 (c.65), discharges any of the functions of a local authority.

10SAny licensing board [F4continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)] .

Textual Amendments

F4Words in sch. 2 para. 10 substituted (1.5.2007) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 9 (with s. 143); S.S.I. 2007/129, art. 3, sch.

11SThe Strathclyde Passenger Transport Authority.

[F511ASAny Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)]

Textual Amendments

12SAny National Park authority.

[F613SThe Scottish Fire and Rescue Service.]

Textual Amendments

F714S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 2 para. 14 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

15SAny Children’s Panel Advisory Committee formed under paragraph 3, or joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995 (c.36).

16SAny joint committee, for the administration of superannuation schemes for persons employed in local government service or teachers, established by regulations under section 7 or 9 of the Superannuation Act 1972 (c.11) respectively.

[F816ASScottish Water.]

Textual Amendments

HousingS

17Any person who is, or was at the time of the matter complained of, a registered social landlord.

PrisonsS

[F917AAny person who is, or was at the time of the matter complained of—

(a)the governor of a prison appointed under section 3 of the Prisons (Scotland) Act 1989 (c. 45),

(b)a medical officer of a prison appointed under section 3A or (if appointed before 1 January 1998) section 3(1) of that Act, or

(c)in relation to a contracted out prison (within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994 (c. 33)—

(i)the director appointed under section 107(1) of that Act, or

(ii)a registered medical practitioner or other person providing appropriate medical services under section 107(6) of that Act,

(but only to the extent that the action taken by or on behalf of that person is not a matter liable to investigation under this Act by virtue of paragraph 2 of this schedule).]

Crown EstateS

[F1017B[F11Crown Estate Scotland].]

Textual Amendments

F10Sch. 2 para. 17B and cross-heading inserted (16.2.2017) by The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36), arts. 1(1), 21(3)

F11Words in sch. 2 para. 17B substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 3; S.S.I. 2020/77, reg. 2(1), sch. 1

Part 2S Entries amendable by Order in Council

Scottish public authoritiesS

18The Accounts Commission for Scotland.

19SAudit Scotland.

20SThe Auditor General for Scotland.

20AS[F12Bòrd na Gàidhlig]

Textual Amendments

[F1320BSThe British Waterways Board.]

F1421S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1521ZZAS Children’s Hearings Scotland.]

21ZASThe Commissioner for Ethical Standards in Public Life in Scotland in the performance of the Commissioner’s functions under the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)F16... the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) [F17and the Lobbying (Scotland) Act 2016].

Textual Amendments

F16Word in sch. 2 para. 21ZA repealed (12.03.2018) by Lobbying (Scotland) Act 2016 (asp 16), s. 39(a); S.S.I. 2018/73, reg. 2

F17Words in sch. 2 para. 21ZA inserted (12.03.2018) by Lobbying (Scotland) Act 2016 (asp 16), s. 39(b); S.S.I. 2018/73, reg. 2

[F1821ASA community justice authority.]

F1921BS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2021ZZCSCommunity Justice Scotland.]

Textual Amendments

[F2121ZCSThe Convener of the School Closure Review Panels.]

Textual Amendments

[F2221CSCreative Scotland.]

22SThe Crofters Commission.

[F2322ASFood Standards Scotland.]

Textual Amendments

F23sch. 2 para. 22A inserted (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 17(2), 63(2) (with s. 62); S.S.I. 2015/99, art. 2

F2423S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2524S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25SHighlands and Islands Enterprise.

[F2625ZASHistoric Environment Scotland.]

Textual Amendments

[F2725ZBS ILF Scotland.]

Textual Amendments

[F2825ZCSAn integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.]

[F2925ASThe Judicial Appointments Board for Scotland.]

Textual Amendments

26SLearning and Teaching Scotland.

27SAny local enterprise company, that is to say any company ( [F30as defined in section 1(1) of the Companies Act 2006] )—

(a)which is a wholly owned subsidiary ( [F31as defined in section 1159 of that Act] ) of Scottish Enterprise or Highlands and Islands Enterprise, and

(b)with which an agreement (not being one which has terminated) has been made in pursuance of section 19 of the Enterprise and New Towns (Scotland) Act 1990 (c.35) by Scottish Enterprise or Highlands and Islands Enterprise for the discharge by that company of any of the functions of Scottish Enterprise or, as the case may be, Highlands and Islands Enterprise.

28SThe Local Government Boundary Commission for Scotland.

[F3228AS The National Convener of Children’s Hearings Scotland.]

29SThe Board of Trustees for the National Galleries of Scotland.

30S[F33The National Library of Scotland] .

Textual Amendments

31SThe Board of Trustees of the National Museums of Scotland.

32SThe Parole Board for Scotland.

[F3432ASThe Police Investigations and Review Commissioner.]

Textual Amendments

F34Sch. 2 para. 32A substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 19(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[F3532AAS The Principal Reporter.]

Textual Amendments

F3632BS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3732CS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33SThe Board of Trustees of the Royal Botanic Garden, Edinburgh.

F3834S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35SThe Scottish Agricultural Wages Board.

F3936S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37SThe Scottish Children’s Reporter Administration.

[F4037BSThe Scottish Commission for Human Rights.]

Textual Amendments

F4138S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 2 para. 38 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 11(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

39SScottish Enterprise.

40SThe Scottish Environment Protection Agency.

[F4240ASThe Scottish Further and Higher Education Funding Council.]

F4341S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42SThe Scottish Further Education Unit.

F4443S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4544S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

45SThe Scottish Hospital Endowments Research Trust.

[F4645ASThe Scottish Information Commissioner.]

Textual Amendments

46SThe Scottish Legal Aid Board.

F4747S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48SScottish Natural Heritage.

49SThe Scottish Qualifications Authority.

F4850S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4950ASThe Scottish Sentencing Council.]

Textual Amendments

51SThe Scottish Social Services Council.

52SThe Scottish Sports Council.

[F5052ASSocial Care and Social Work Improvement Scotland.]

Textual Amendments

F50Sch. 2 para. 52A inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 11(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

[F5152BSSouth of Scotland Enterprise.]

53SThe Scottish Tourist Board.

54SThe Standards Commission for Scotland.

[F5254ASVisitScotland.]

Textual Amendments

55SThe Water Industry [F53Commission] for Scotland.

Textual Amendments

56SAny holder of an office—

(a)established by or under any enactment, and

(b)appointments to, or designations of, which are made by a listed authority mentioned in paragraph 7 or 8 of Part 1 of this schedule.

Cross-border public authoritiesS

57British Library Board.

58SBritish Potato Council.

59SBritish Tourist Authority.

60SBritish Wool Marketing Board.

61SCentral Bureau for Educational Visits and Exchanges.

F5462S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63SCommunity Development Foundation.

64SConstruction Industry Training Board.

F5565S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5666S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

67SThe Criminal Injuries Compensation Authority.

68SDesign Council.

69SEngineering Construction Industry Training Board.

F5770S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

71SForestry Commissioners.

72SHome-Grown Cereals Authority.

73SHorticultural Development Council.

74SIntervention Board for Agricultural Produce.

75SJoint Nature Conservation Committee.

76SThe licensing authority designated under section 1(1) of the Activity Centres (Young Persons’ Safety) Act 1995 (c.15).

77SMeat and Livestock Commission.

78SMilk Development Council.

F5879S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5980S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6081S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6182S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

83SScottish Consumer Council.

84SSea Fish Industry Authority.

85SThe Theatres Trust.

86SF62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 2 Pt. 2: entry relating to "Traffic Commisioner for the Scottish Traffic Area" omitted (23.10.2002) by virtue of S.S.I. 2002/468, art. 2

87SThe Trustees of the National Heritage Memorial Fund.

88SUnited Kingdom Sports Council.

89SUnrelated Live Transplant Regulatory Authority.

[F63Other bodies]S

F6490. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6591The Security Industry Authority.]

[F6691AThe Statistics Board.]

[F6791BThe Committee on Climate Change.]

[F6891BAThe Electoral Commission.]

[F6991CArchitecture and Design Scotland]

[F70Part 3SOther entries amendable by Order in Council

Further and Higher EducationS

92(1)Any fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 (asp 6) [F71and any college of further education which is assigned to such a fundable body by order made under section 7C(1) of that Act].

(2)Sub-paragraph (1) does not include the Open University (so far as it is a fundable body).

Textual Amendments

93The Scottish Agricultural College.]

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