Prospective
(1)For the purposes of this Chapter, an information standard is a document, produced by the Scottish Ministers, setting out requirements in relation to the processing of Scottish health and social care information.
(2)An information standard may set out requirements by reference to another document (including a document which is not in existence when the standard is produced).
(3)For any requirement it sets out, an information standard must specify—
(a)to whom the requirement applies (see section 4), and
(b)the information in relation to the processing of which the requirement applies.
(4)The Scottish Ministers must make any information standard they produce publicly available on the information-standards website.
Commencement Information
I1S. 3 not in force at Royal Assent, see s. 39(2)
(1)The persons to whom a requirement set out in an information standard may be made to apply are—
(a)a local authority,
(b)an integration joint board established by order under the Public Bodies (Joint Working) (Scotland) Act 2014,
(c)a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (“the NHS Act”),
(d)a special health board constituted under section 2(1)(b) of the NHS Act,
(e)the Common Services Agency for the Scottish Health Service,
(f)Healthcare Improvement Scotland,
(g)the Scottish Ministers,
(h)a person providing services (whether directly or indirectly) pursuant to an agreement or other arrangement under any of the following provisions of the NHS Act—
(i)section 2C (which relates to primary medical services),
(ii)section 17C (which relates to personal medical or dental services),
(iii)section 17J (which relates to general medical services),
(iv)section 25 (which relates to general dental services),
(v)section 26 (which relates to general ophthalmic services),
(vi)section 27 (which relates to pharmaceutical services),
(i)a person providing independent health care services as defined by section 10F of the NHS Act,
(j)a person providing a care service as defined by section 47 of the Public Services Reform (Scotland) Act 2010,
(k)a person providing social work services as defined by section 48 of that Act,
(l)a person who—
(i)provides a product or service to a person mentioned in any of paragraphs (a) to (k), and
(ii)knows, or ought to know, that the product or service is (or is to be) used for, or in connection with, electronically processing Scottish health or social care information.
(2)The Scottish Ministers may by regulations modify this section so as to change, or clarify, the list of persons to whom an information standard may be made to apply.
Commencement Information
I2S. 4 not in force at Royal Assent, see s. 39(2)
(1)A person to whom a requirement set out in an information standard applies must comply with it.
(2)The Scottish Ministers may by regulations provide for a civil sanction to be imposed on a person who breaches the duty under subsection (1).
Commencement Information
I3S. 5 not in force at Royal Assent, see s. 39(2)
(1)The Scottish Ministers may withdraw an information standard at any time by giving notice on the information-standards website that it is withdrawn.
(2)When an information standard is withdrawn—
(a)the duty under section 3(4) to make it publicly available ceases to apply, and
(b)the duty under section 5(1) to comply with it ceases to apply.
Commencement Information
I4S. 6 not in force at Royal Assent, see s. 39(2)
(1)In this Chapter—
“information-standards website” means the website maintained by, or on behalf of, the Scottish Ministers with an internet domain name specified by the Scottish Ministers by regulations,
“processing” includes doing any of the things referred to in paragraphs (a) to (f) of section 3(4) of the Data Protection Act 2018,
“Scottish health and social care information” has the meaning given in section 1(4).
(2)By regulations, the Scottish Ministers—
(a)must amend the definition of “information-standards website” so that it specifies an internet domain name, and
(b)may subsequently amend that definition so as to change the internet domain name it specifies.
Commencement Information
I5S. 7 not in force at Royal Assent, see s. 39(2)