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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

Section 27 – Care provider offence

103.Section 27 sets out the care provider offence that will apply to providers of health or social care services. Care provider is defined in section 28(3) and covers both legal persons (corporate bodies, partnerships and unincorporated associations) and individuals who have others working for them. The care provider offence is committed if a three-stage test is met—

  • an individual is ill-treated or wilfully neglected by someone providing health care or social care on behalf of the care provider,

  • the care provider’s activities are organised in such a way as to be a gross breach of the duty of care owed to the individual, and

  • were it not for that gross breach, the ill-treatment or wilful neglect would not have occurred (or would have been less likely to occur)

104.Section 27(3) defines “relevant duty of care” for the purposes of this offence and provides further detail on what is meant by a “gross” breach of that duty. Section 27(4) provides the penalties for those convicted of the care provider offence: on summary conviction, to a fine not exceeding the statutory maximum; and, on conviction on indictment, to a fine.

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