Scottish Public Services Ombudsman Act 2002

[^key-b6fb65d7215d06d28262454a10cf25b0]: Words in s. 3(8) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 5(2)(b); S.S.I. 2014/21, art. 2, sch. 1

[^key-bf63b19ce344fd054f37b20347a97ed9]: Words in sch. 2 para. 92(1) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 5(3); S.S.I. 2014/21, art. 2, sch. 1

[^key-57e06ae7859cc455530be8a94ffb24ac]: sch. 2 Pt. 2 para. 79 omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 16 (with Sch. 1 para. 28, 2 paras. 13-15)

[^key-69755c31d1937da52353a9182740f123]: sch. 2 Pt. 2 para. 70 repealed (18.7.2014) by The Public Bodies (Abolition of Food from Britain) Order 2014 (S.I. 2014/1924), art. 1(3), Sch.

[^key-fd439dc920511d426db7f25edb12937b]: sch. 2 para. 44 repealed (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 12; S.S.I. 2014/264, art. 2, sch.

[^key-76dab4b6326685ab522fbc2441dd2996]: Sch. 2 para. 21ZC inserted (9.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(10), 102(3); S.S.I. 2014/353, art. 2(1)(b)

[^key-a3b5379b623650806c08dc84f1046b04]: sch. 2 Pt. 2 para. 25ZA inserted (27.2.2015) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 6 para. 2(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.

[^key-dd69b9f880bd3541a81409eba45b71ba]: sch. 2 para. 22A inserted (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 17(2), 63(2) (with s. 62); S.S.I. 2015/99, art. 2

[^key-72e891287f50c484097e978427edaf88]: sch. 2 Pt. 2 para. 25ZB inserted (16.7.2015) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2015 (S.S.I. 2015/286), arts. 1, 2

[^key-090ffa300de664b6b49a8c794fcc4abf]: sch. 2 Pt. 2 para. 34 repealed (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 6 para. 2(b) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.

[^key-591fe93662701293f9b6dfad5275593c]: sch. 2 Pt. 2 para. 50A inserted (19.10.2015) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 1 para. 13; S.S.I. 2015/336, art. 2(b)

[^key-f8052f84d2e29287a12b3b6010ad3579]: Sch. 2 para. 25ZC inserted (16.3.2016) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2016 (S.S.I. 2016/155), art. 2

[^key-2ed0852c3a4a6c4fb5467c81ec0d8f38]: S. 16H and cross-heading inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(3), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-57b3f59d148e3093adad7abb0f48f367]: Words in s. 14(1)(a) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(2), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-777762d7979cbcc32177679e0367171e]: S. 18(1)(d)-(f) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(4), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-c4122d2d247a23cf53cccc36281f72ef]: S. 19(2)(e) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(5)(a), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-debc896d64eaa16377935fac137485b8]: S. 19(2A)-(2D) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(5)(b), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-0ee6ba90c21642bf0d18dd819e02c84e]: Words in s. 19(3) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(5)(c), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-0ed8943946741f1d34dbf5e77530548d]: S. 19(5A) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(5)(d), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-d67ca4ac54e95ca3cfca42339f43d591]: Words in s. 20(1) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(6), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-72aabd1f37d4d4afd49baf47d0fa137a]: Words in s. 23(1) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(7)(a), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-35cb4a7951b95fe828622248557d31ab]: Words in s. 23(1) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(7)(b), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-543ab2429c0ef518500669ad9b02c9ef]: Words in s. 23(1) inserted (1.4.2016) by Welfare Funds (Scotland) Act 2015 (asp 5), ss. 13(7)(c), 14(2); S.S.I. 2015/428, art. 2(2)

[^key-e687cd1e66a0ef5202a97b08110e50d6]: Words in s. 23(1) inserted (31.8.2016) by The Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016 (S.S.I. 2016/152), arts. 1(1), 9(3)

[^key-bf29f8e20152c329e19255e45e958955]: S. 7(2A)(2B) inserted (31.8.2016) by The Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016 (S.S.I. 2016/152), arts. 1(1), 9(2)

[^key-bbaeeed51b6877c26e9144a54da414c3]: Sch. 3 para. 5 omitted (1.12.2016) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 4(2) (with sch. 1)

[^key-de5a0b5efd763962bac4c39b01ec4e88]: Sch. 2 para. 17B and cross-heading inserted (16.2.2017) by The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36), arts. 1(1), 21(3)

[^key-a0fd2fd9f06ec52a02f3f018b52bf219]: Sch. 2 para. 21ZZC inserted (1.4.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 1 para. 14(2); S.S.I. 2017/33, reg. 2(3)

[^key-8966c709fd7d2aa30b079e6e1f3f7b60]: Words in sch. 5 inserted (1.4.2017) by The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 4

[^key-992d4acdde1050ef902ef6bb575eb9e4]: S. 7(2C)-(2E) inserted (1.4.2017) by The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 3

[^key-11f18a0a6d604837cf7be3284927ccb2]: Words in sch. 4 para. 2(2) substituted (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 9; S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)

[^M_F_6f657ded-ec0b-4f06-d76e-1ccd1fa9958d]: Word in sch. 2 para. 21ZA repealed (12.03.2018) by Lobbying (Scotland) Act 2016 (asp 16), s. 39(a); S.S.I. 2018/73, reg. 2

[^M_F_55f53358-27d9-480c-90b0-4d4ea0b70029]: Words in sch. 2 para. 21ZA inserted (12.03.2018) by Lobbying (Scotland) Act 2016 (asp 16), s. 39(b); S.S.I. 2018/73, reg. 2

[^key-01694e8677e704e485ad0192907c545e]: Words in sch. 5 substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 87(2) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g)

[^key-40870b7d9d5f7a02153f49b1c7831a82]: Words in sch. 5 substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 87(3) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g)

[^key-41cf1fe9e5fe615e8ea9eec58cd7860a]: Sch. 2 para. 52B inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 2; S.S.I. 2019/308, reg. 2

[^key-cc2cffad5e301b789b5d530c37d92d02]: Words in sch. 5 inserted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(7)

[^key-90dcd65dc0921f83694d4b803d4c71ba]: Ss. 6A, 6B inserted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(2)

[^key-52daa514f7e0a4e6a51f553880c0280b]: S. 16BA inserted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(5)

[^key-a79b03065e999c44d688492c452d88fd]: S. 7(2) substituted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(3)

[^key-2a0edbd803ced180c185a34624aacd98]: S. 15(9)(10) inserted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(4)

[^key-4fda0f05cafdc9dfa9d91f8077416ab0]: Words in s. 23(1) inserted (8.1.2020) by The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020 (S.S.I. 2020/5), arts. 2, 3(6)

[^key-fe4884240ae9daa878ee4f10c1543dc3]: Words in s. 7(6D) inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 32, 41

[^key-269d879e858d3ecfae685ce342c33e57]: Words in sch. 2 para. 17B substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 3; S.S.I. 2020/77, reg. 2(1), sch. 1

[^M_F_95d544d1-7f28-4aa9-a9cf-99f39f870e9c]: Sch. 4 para. 10A inserted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 27(4), 36(2); S.S.I. 2005/419, art. 2(1)

[^key-c6c4e8f51ec9dd0abb30de465cd24b87]: Sch. 2 para. 36A inserted (1.12.2020) by Scottish Biometrics Commissioner Act 2020 (asp 8), s. 40(2), sch. 2 para. 1; S.S.I. 2020/250, reg. 2

[^key-7169d448bd26413320eb5607660187cb]: Sch. 2 para. 20AA inserted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 4(a); S.S.I. 2021/124, reg. 2, sch.

[^key-4714b2815e8500db2d08d1e56fd06e0c]: Sch. 2 para. 28 repealed (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 4(b); S.S.I. 2021/124, reg. 2, sch.

[^key-ca66ca8f05e2d7605aa6f5a9dce258f2]: Sch. 2 para. 32AB inserted (28.6.2021) by Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15), s. 109(2), sch. 1 para. 19; S.S.I. 2021/234, reg. 2, sch.

[^key-d5ff09d43ce5a2988f4053c43334f9de]: Sch. 2 para. 21ZZD inserted (1.4.2022) by Consumer Scotland Act 2020 (asp 11), s. 29(2), sch. 2 para. 2; S.S.I. 2021/464, reg. 2

[^key-5f490517d1e1bd72436a7db06ef2fdd4]: Sch. 2 para. 32ZA inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 1(2); S.S.I. 2024/110, reg. 2(1)

[^key-9c8138f4bd45bc8cfc1c9abc14cb2076]: Words in sch. 5 inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 1(3); S.S.I. 2024/110, reg. 2(1)

[^key-acdbdb1508c99be6a5fabb909fef5cd1]: Sch. 2 para. 32AAA inserted (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(2)

[^key-90a53df1c28bb5a07260e02e49010db1]: Sch. 2 para. 48A inserted (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(3)

[^key-1389e5a9103114aa64814337d6238036]: Sch. 2 para. 58 repealed (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(4)(a)

[^key-44e01730131d7b7fedbfcde7f3eac633]: Sch. 2 para. 72 repealed (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(4)(b)

[^key-72de8dee10d9631d9f0545db270a9c0f]: Sch. 2 para. 73 repealed (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(4)(c)

[^key-e0357c1124678f00c1b046408aaf5f1d]: Sch. 2 para. 77 repealed (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(4)(d)

[^key-2999b45aec1f6e30a981588df5c07165]: Sch. 2 para. 78 repealed (7.5.2025) by The Scottish Public Services Ombudsman Act 2002 Amendment Order 2025 (S.S.I. 2025/142), arts. 1, 2(4)(e)

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health (Scotland) Act 1984 (c.36)

Local Government etc. (Scotland) Act 1994 (c.39)

Health Service Commissioners Act 1993 (c.46)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Scottish Legal Services Ombudsman and Commissioner for Local Administration in Scotland Act 1997 (c.35)

40A

The Scottish Further and Higher Education Funding Council.

Part 3 — Other entries amendable by Order in Council

92

• (1) Any fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 (asp 6) and any college of further education which is assigned to such a fundable body by order made under section 7C(1) of that Act.

• (2) Sub-paragraph (1) does not include the Open University (so far as it is a fundable body).

93

The Scottish Agricultural College.

4A

The Mental Health Tribunal for Scotland.

Hospital Complaints Procedure Act 1985 (c.42)

11A

Any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)

20A

Bòrd na Gàidhlig

21B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21A

A community justice authority.

91

The Security Industry Authority.

32A

The Police Investigations and Review Commissioner.

54A

VisitScotland.

10A

Action taken by or on behalf of any body falling within Part 3 of schedule 2 in the exercise of academic judgement relating to an educational or training matter.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37B

The Scottish Commission for Human Rights.

91A

The Statistics Board.

91B

The Committee on Climate Change.

25A

The Judicial Appointments Board for Scotland.

Listed authorities: complaints handling procedures

16A

• (1) The Ombudsman must publish a statement of principles (referred to in this Act as “the statement of principles”) concerning complaints handling procedures of listed authorities.

• (2) A listed authority must ensure—

• (a) it has a complaints handling procedure in respect of action taken by the listed authority, and

• (b) any such procedure complies with the statement of principles.

• (3) A listed authority which is responsible, by virtue of any enactment, for a complaints handling procedure—

• (a) in relation to, or

• (b) operated by,

another listed authority, must ensure the procedure complies with the statement of principles.

• (4) The first statement of principles under subsection (1) is not to be published unless a draft of the statement has been laid before, and approved by a resolution of, the Parliament.

• (5) Where a draft is laid in accordance with subsection (4), the Parliament may approve the draft no later than 2 months after being laid.

• (6) In calculating any period of 2 months for the purposes of subsection (5), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

• (7) Before laying a draft statement of principles before the Parliament in accordance with subsection (4) the Ombudsman must consult—

• (a) the Scottish Ministers, and

• (b) such listed authorities and other persons as the Ombudsman thinks fit.

• (8) The Ombudsman must, in preparing the draft statement of principles to be laid before the Parliament in accordance with subsection (4), have regard to any representations made during the consultation mentioned in subsection (7).

• (9) The statement of principles comes into force when it is published by the Ombudsman.

• (10) The Ombudsman may from time to time revise and re-publish the statement of principles.

• (11) Where the Ombudsman considers that any revision of the statement of principles under subsection (10) is material, subsections (4) to (8) apply to that statement of principles as they do to the first statement of principles.

• (12) In this section and sections 16B to 16E, “complaints handling procedures” means procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one in respect of which a complaint to the Ombudsman can be made and investigated under this Act.

16B

• (1) The Ombudsman may publish model complaints handling procedures for listed authorities.

• (2) A model complaints handling procedure (referred to in this Act as a “model CHP”) must comply with the statement of principles.

• (3) The Ombudsman may publish different model CHPs for different purposes.

• (4) Before publishing a model CHP the Ombudsman must consult such listed authorities or groups of listed authorities as the Ombudsman thinks fit.

• (5) The Ombudsman may from time to time revise and re-publish any model CHP; and in doing so subsection (4) applies.

• (6) Where a model CHP is revised and re-published by virtue of subsection (5), section 16C has effect with the following modifications—

• (a) any specification under subsection (1) of that section in relation to the model CHP continues in effect as a specification in relation to the revised and re-published model CHP,

• (b) any other reference to a model CHP is to the model CHP as revised and re-published,

• (c) subsection (3) of that section is omitted.

• (7) The Ombudsman may withdraw any model CHP at any time; and any specification under section 16C(1) in relation the model CHP ceases to have effect.

16C

• (1) The Ombudsman may specify any listed authority to which a model CHP is relevant; and must notify the authority accordingly.

• (2) Where a model CHP is relevant to a listed authority by virtue of a specification under subsection (1), the authority must ensure there is a complaints handling procedure which complies with the model CHP for the purposes of the specification.

• (3) Where subsection (2) applies the authority must submit a description of the complaints handling procedure, having taken account of the relevant model CHP, within 6 months of the specification mentioned in that subsection.

• (4) A listed authority may, with the consent of the Ombudsman, modify the application of the model CHP which is relevant to it but only to the extent that is necessary for the effective operation of the procedure by the authority.

• (5) The Ombudsman may revoke any specification under subsection (1) at any time.

16D

• (1) Where a model CHP is relevant to a listed authority by virtue of a specification under section 16C(1) the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16C(3) or otherwise, does not comply with the model CHP.

• (2) Where there is no specification under section 16C(1) in relation to a listed authority the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16E or otherwise, does not comply with the statement of principles.

• (3) Where a declaration is made under subsection (1) or (2) the Ombudsman—

• (a) must give reasons in writing,

• (b) may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.

• (4) Where a declaration is made under subsection (1) or (2) the listed authority must submit a description of its complaints handling procedure, having taken account of the reasons given under subsection (3)(a) and any modifications specified in subsection (3)(b), within 2 months of the declaration.

• (5) The Ombudsman may withdraw a declaration of non-compliance made under subsection (1) or (2) at any time if the Ombudsman thinks fit.

16E

• (1) A listed authority must submit a description of its complaints handling procedure if the Ombudsman so directs; and must do so within 3 months of being so directed or such other period as the Ombudsman may direct.

• (2) Sections 16C(3) and 16D(4) are subject to any direction given under this section.

• (3) Where a listed authority has submitted a description of its complaints handling procedure to the Ombudsman under this Act or otherwise, the authority must provide such additional information in relation to that procedure as the Ombudsman may reasonably request; and must do so within such period as the Ombudsman directs.

16F

The duties in sections 16A(2) and (3) and 16C(2) do not apply to the extent that—

• (a) the listed authority lacks the necessary powers (other than by virtue of this Act) to ensure compliance with the duties, or

• (b) the duties are inconsistent with any other enactment.

Complaints handling procedures: promotion of best practice etc.

16G

• (1) The Ombudsman must—

• (a) monitor practice and identify any trends in practice as respects the way in which listed authorities handle complaints,

• (b) promote best practice in relation to such complaints handling,

• (c) encourage co-operation and the sharing of best practice among listed authorities in relation to complaints handling.

• (2) A listed authority must co-operate with the Ombudsman in the exercise of the function in subsection (1).

• (3) The duty in subsection (2) does not apply to the extent that—

• (a) the listed authority lacks the necessary powers (other than by virtue of this Act) to ensure compliance with the duty, or

• (b) the duty is inconsistent with any other enactment.

17A

Any person who is, or was at the time of the matter complained of—

• (a) the governor of a prison appointed under section 3 of the Prisons (Scotland) Act 1989 (c. 45),

• (b) a medical officer of a prison appointed under section 3A or (if appointed before 1 January 1998) section 3(1) of that Act, or

• (c) in relation to a contracted out prison (within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994 (c. 33)—

• (i) the director appointed under section 107(1) of that Act, or

• (ii) a registered medical practitioner or other person providing appropriate medical services under section 107(6) of that Act,

(but only to the extent that the action taken by or on behalf of that person is not a matter liable to investigation under this Act by virtue of paragraph 2 of this schedule).

21C

Creative Scotland.

52A

Social Care and Social Work Improvement Scotland.

91C

Architecture and Design Scotland

17A

• (1) The Ombudsman must, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the Ombudsman proposes to perform the Ombudsman's functions during the 4 year period.

• (2) A strategic plan must, in particular, set out—

• (a) the Ombudsman's objectives and priorities during the 4 year period,

• (b) how the Ombudsman proposes to achieve them,

• (c) a timetable for doing so, and

• (d) estimates of the costs of doing so.

• (3) Before laying a strategic plan before the Parliament, the Ombudsman must provide a draft of it to and invite, and (if any are given) consider, comments on it from—

• (a) the Parliamentary corporation, and

• (b) such other persons as the Ombudsman thinks appropriate.

• (4) The reference in subsection (3)(b) to other persons includes a reference to a committee of the Parliament.

• (5) The Ombudsman must lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.

• (6) The Ombudsman must arrange for the publication of each strategic plan laid before the Parliament.

• (7) The Ombudsman may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.

• (8) Subsections (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.

• (9) In that application, the reference in subsection (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.

• (10) In this section, “4 year period” means the period of 4 years beginning on 1 April next following the coming into force of this section and each subsequent period of 4 years.

12A

The Ombudsman must comply with any direction given by the Parliamentary corporation as to the location of the Ombudsman's office.

12B

The Ombudsman must comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other officeholder or any public body.

12C

• (1) The Ombudsman may determine and charge reasonable sums for anything done or provided by the Ombudsman in the performance of, or in connection with, the Ombudsman's functions.

• (2) Any sums received by the Ombudsman by virtue of sub-paragraph (1) are to be retained by the Ombudsman and applied to meet expenditure incurred in doing or providing whatever is charged for.

12D

• (1) The Ombudsman must, before the start of each financial year, prepare proposals for the Ombudsman's use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.

• (2) The Ombudsman may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

• (3) In preparing a budget or revised budget, the Ombudsman must ensure that the resources of the Ombudsman will be used economically, efficiently and effectively.

• (4) A budget or revised budget must contain a statement that the Ombudsman has complied with the duty under sub-paragraph (3).

21ZA

The Commissioner for Ethical Standards in Public Life in Scotland in the performance of the Commissioner’s functions under the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)... the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) and the Lobbying (Scotland) Act 2016.

32C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

The Board of Trustees of the Royal Botanic Garden, Edinburgh.

91BA

The Electoral Commission.

16A

Scottish Water.

21ZZA

Children’s Hearings Scotland.

28A

The National Convener of Children’s Hearings Scotland.

20B

The British Waterways Board.

32AA

The Principal Reporter.

Persons liable to investigation: supplementary

Status

Local Government Act 1978 (c.39)

Hospital Complaints Procedure Act 1985 (c.42)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)

Local Government Act 1988 (c.9)

Local Government etc. (Scotland) Act 1994 (c.39)

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9)

Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Freedom of Information Act 2000 (c.36)

21ZC

The Convener of the School Closure Review Panels.

22A

Food Standards Scotland.

25ZA

Historic Environment Scotland.

25ZB

ILF Scotland.

25ZC

An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.

50A

The Scottish Sentencing Council.

Other functions of the Ombudsman

16H

As well as the functions conferred by sections 2 to 16G, the Ombudsman has the functions in relation to the review of decisions by local authorities conferred by the 2015 Act (see sections 7 to 12 of that Act).

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9)

National Parks (Scotland) Act 2000 (asp 10)

17B

Crown Estate Scotland.

21ZZC

Community Justice Scotland.

52B

South of Scotland Enterprise.

6A

• (1) The Ombudsman is entitled to investigate the following matters—

• (a) whether a body or provider mentioned in subsection (2) has handled a complaint by a whistleblower properly in accordance with the complaints handling procedure described in subsection (3),

• (b) any action taken by or on behalf of the body or (as the case may be) the provider in respect of that complaint.

• (2) The bodies and providers referred to in subsection (1) are—

• (a) any health service body, other than the Scottish Dental Practice Board,

• (b) any independent provider,

• (c) any family health service provider.

• (3) The complaints handling procedure referred to in subsection (1) is the procedure that the body or (as the case may be) the provider is required, by section 16C(2), to ensure complies with a model complaints handling procedure for whistleblowers’ complaints.

• (4) In subsection (1)(a), “whistleblower” means a person who, according to the terms of the complaints handling procedure described in subsection (3), is entitled to have a complaint handled in accordance with that procedure.

• (5) In connection with any investigation into a matter mentioned in subsection (1), references in this Act to the “person aggrieved” are to the person who made the complaint.

• (6) The Ombudsman must not investigate, in an investigation into a matter mentioned in subsection (1), action taken by or on behalf of a family health service provider that was not taken in connection with any family health services provided by that provider.

• (7) This section is subject to sections 7 and 8.

• (8) For the avoidance of doubt, the action referred to in subsection (1)(b) includes the treatment of any person.

6B

• (1) In a case where a complaint or request is made in relation to a matter mentioned in section 6A(1), the complaint or request is not to be regarded as relating to a matter mentioned in section 5(1).

• (2) For the avoidance of doubt, the reference—

• (a) in section 6A(6) to action taken in connection with family health services, and

• (b) in section 7(6) to action taken in relation to services that—

• (i) an independent provider provided, or

• (ii) it was an independent provider’s function to provide,

includes action taken in handling, or in light of, a complaint made in connection with those services.

• (3) Nothing in section 6A requires the Ombudsman to make a model complaints handling procedure for whistleblowers’ complaints relevant to a body or provider by virtue of a specification under section 16C(1).

16BA

• (1) The Ombudsman must publish, under section 16B, a model CHP for whistleblowers’ complaints to—

• (a) a health service body, other than the Scottish Dental Practice Board,

• (b) an independent provider,

• (c) a family health service provider.

• (2) The Ombudsman may publish different model CHPs in accordance with this section for different purposes.

• (3) Any model CHP published in accordance with this section must include the following definition of whistleblowing—

• “Whistleblowing is when a person who delivers services or used to deliver services on behalf of a health service body, family health service provider or independent provider (as defined in section 23 of the Scottish Public Services Ombudsman Act 2002) raises a concern that relates to speaking up, in the public interest, about an NHS service, where an act or omission has created, or may create, a risk of harm or wrong doing.”

36A

The Scottish Biometrics Commissioner.

20AA

Boundaries Scotland

21ZZD

Consumer Scotland.

32AB

Redress Scotland.

32ZA

The Patient Safety Commissioner for Scotland.

32AAA

Quality Meat Scotland.

48A

The Scottish Pubs Code Adjudicator.