Final provisions
Section 20: Modification of other enactments
52.Section 20 introduces schedule 2 which amends enactments relating to public authorities in order to bring the Commissioner within their provisions.
Section 21: Interpretation
53.Section 21 provides definitions of the key terms of “health care”, “forensic medical examination” and “patient”. The definition of “health care” mirrors other commonly used definitions of health care in the statute book and ties it to the “prevention, diagnosis or treatment of illness” therefore excluding purely cosmetic procedures and treatments from the Commissioner’s remit.
54.“
any investigation of the incident which gave rise to the need for the examination, or
any proceedings in relation to the incident.”
55.“
56.As forensic medical examinations under the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 are also included in the definition of health care in the Act, any person to whom a forensic medical examination is provided is also a patient.
Section 22: Ancillary provision
57.This section enables the Scottish Ministers, by regulations, to make incidental, supplementary, consequential, transitional, transitory or saving provision in connection with the Act or any regulations made under it.
Section 23: Regulation-making powers
58.Subsection (1) provides that regulations made under the Act may make different provision for different purposes.
59.Subsection (2) makes clear that regulations under section 22 may modify any enactment, including this Act.
60.Subsection (3) provides that regulations under section 22 which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. Regulations under section 22 which do not modify primary legislation are subject to the negative procedure.
Section 24: Commencement
61.Subsection (1) of section 21 provides that this section and sections 22, 23 and 25 come into force on the day after Royal Assent.
62.Subsection (2) provides that the rest of the Act will come into force on such day as the Scottish Ministers by regulations appoint.
Section 25: Short title
63.Section 25 provides for the short title of the Act, by which it may be cited. The short title is the Patient Safety Commissioner for Scotland Act 2023.