Patient Safety Commissioner for Scotland Act 2023

12 Power to require information

(1) The Commissioner may require a person to which subsection (4) applies to supply the Commissioner with information that—

(a) is in the person’s possession or control,

(b) may be relevant to the work of the Commissioner,

(c) is not information of a kind that the Commissioner is prohibited by subsection (3) from requiring the person to supply.

(2) A requirement under this section is imposed on a person when the Commissioner gives the person written notice specifying—

(a) the information that the person is required to supply,

(b) the way in which the person is required to supply it, and

(c) either—

(i) the time by which the person is to supply it, or

(ii) the period throughout which the person is to supply it and the intervals within that period at which it must be supplied.

(3) The following are the kinds of information that the Commissioner is prohibited from requiring a person to supply under this section—

(a) information that the person would be entitled to refuse to provide in proceedings in a court in Scotland,

(b) information about an individual (whether or not it is anonymised).

(4) This subsection applies to a person who is—

(a) a health care provider,

(b) a body constituted by virtue of the National Health Service (Scotland) Act 1978.

(5) In this section, “information” includes unrecorded information.