(1)This section applies to a person (a “relevant person”) who—
(a)is an individual employed in, or contracted to provide services in or to, a hospital;
(b)not being the Scottish Ministers, is a manager of a hospital;
(c)provides care services; or
(d)is an individual who, otherwise than—
(i)by virtue of a contract of employment or other contract with any person; or
(ii)as a volunteer for a voluntary organisation,
provides care or treatment.
(2)A relevant person who—
(a)whether under this Act or otherwise—
(i)is providing care or treatment; or
(ii)purports to provide care or treatment,
to a patient; and
(b)ill-treats, or wilfully neglects, that patient,
shall be guilty of an offence.
(3)A person guilty of an offence under subsection (2) above shall be liable—
(a)on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both.
(4)In subsection (1)(c) above, the reference to the provision of care services shall be construed in accordance with section 313(5) of this Act.
Commencement Information
I1S. 315 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)