SCHEDULE 3Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)

Confidentiality of information

8

In section 19 (confidentiality of information)—

(a)

in subsection (3)—

(i)

for “patients”, where it first occurs, there is substituted “ individuals (in particular or in general) ”,

(ii)

for “and” there is substituted “ or ”,

(iii)

for “patients”, where it second occurs, there is substituted “ the particular individuals or, as the case may be, individuals in general ”,

(b)

after subsection (4) there is inserted—

“(4A)

The duty under subsection (4)(a) to inform a person about the identity of a person to whom information has been disclosed does not apply where informing the former person is likely to constitute a threat to the health or safety of the latter person.”

9

In section 23(1) (interpretation) the definition of “patient” is repealed.