Patient Rights (Scotland) Act 2011

9 Treatment time guarantee: further provision

(1) The Scottish Ministers must by regulations make the further provision about the treatment time guarantee specified in subsection (2).

(2) The further provision is—

(a) the descriptions of patients which are eligible for the treatment time guarantee, and

(b) how waiting time is to be calculated (in particular, specifying the circumstances in which days are not to be counted towards a maximum waiting time).

(3) The Scottish Ministers may by regulations specify—

(a) treatments and services (including categories of treatments and services) in respect of which the treatment time guarantee does not apply,

(b) action that a Health Board is to take to ensure that it complies with a treatment time guarantee,

(c) circumstances in which the maximum waiting time for a patient may be extended or recalculated (and how such extension or recalculation is to be done),

(d) circumstances in which responsibility for a treatment time guarantee may transfer to a different Health Board,

(e) the information that a Health Board is to provide to patients about the treatment time guarantee, including—

(i) how waiting times are calculated,

(ii) the circumstances in which the maximum waiting time may be extended, recalculated or suspended,

(iii) such other information as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers may by order—

(a) amend the duration of the maximum waiting time for the time being specified in section 13,

(b) specify such different period of time to be the maximum waiting time under section 13 in relation to any treatment or services specified in such order.