SCHEDULE

MINOR AND CONSEQUENTIAL MODIFICATIONS
PART 2

OTHER ENACTMENTS

Patient Rights (Scotland) Act 2011
4
1
The Patient Rights (Scotland) Act 2011 is amended as follows.
2
In section 3 (patient rights)—
a
in subsection (2)(c), after “wellbeing” insert “(including, where the health care being provided includes a service provided under the 2021 Act, decisions mentioned in subsection (3A))”,
b
after subsection (3), insert—
3A
The decisions referred to in subsection (2)(c) are—
a
a decision about whether to undergo a forensic medical examination (and whether any such examination should take place without the incident in connection with which the examination would be carried out having been reported to a constable),
b
a decision about whether to make a request under section 8(1)(a) of the 2021 Act.
.
3
In section 18 (patient advice and support service), after subsection (6), insert—
7
In this section and section 19, references to the health service include reference to the services provided under the 2021 Act.
.
4
In section 23(1) (interpretation)—
a
after the definition of “the 1978 Act”, insert—
- “the 2021 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021;
,
b
in the definition of “health care”, after “health service” insert “or under the 2021 Act”,
c
in the definition of “health service function”—
i
the words from “any” to the end become paragraph (a),
ii
after that paragraph, insert—
1. the functions conferred by the 2021 Act;
,
d
after the definition of “health service function”, insert—
- “patient” includes (except in sections 8 to 13) a person in relation to whom a Health Board is exercising the functions conferred by the 2021 Act;
.
5
In the schedule (health care principles)—
a
in paragraph 7—
i
the existing words become sub-paragraph (1),
ii
after that sub-paragraph, insert—
2
Sub-paragraph (1) does not apply in relation to the exercise of functions conferred by the 2021 Act.
,
b
in paragraph 12, after “wellbeing” insert “(including, where the health care being provided includes a service provided under the 2021 Act, decisions mentioned in section 3(3A))”,
c
in paragraph 15, after “wellbeing” insert “or, where the health care being provided includes a service provided under the 2021 Act, about matters relevant to the provision of that service”.