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Scottish Public Services Ombudsman Act 2002

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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

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