Miscellaneous provisions

I1I516Advisory group

1

The Commissioner must establish and maintain an advisory group.

2

The purpose of the group is to give advice and information to the Commissioner about matters relating to the Commissioner’s functions.

3

The members of the group are to be appointed by the Commissioner.

4

The Commissioner may only appoint a person as a member of the group if the appointment—

a

has been approved by the Parliamentary corporation,

b

would not result in the number of members of the group exceeding the maximum determined by the Parliamentary corporation,

c

is consistent with the principle that at least half of the group’s members are to be persons who appear to the Commissioner to be representative of patients.

5

The Commissioner may pay to members of the group such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Parliamentary corporation, determines.

6

The advisory group’s procedure and terms of membership are to be determined by the Commissioner.

7

Nothing in this section precludes the Commissioner from obtaining advice from any other person.

I2I617Reports

1

Aside from the reports that the Commissioner has a duty to lay before the Scottish Parliament, the Commissioner may lay before the Parliament any other report prepared by the Commissioner if the Commissioner considers it appropriate to do so.

2

The Commissioner must ensure that, so far as reasonably practicable having regard to the subject matter, a report does not name or otherwise identify an individual who has—

a

given information to the Commissioner, and

b

not consented to being named in the report.

I3I718Protection from actions of defamation

1

For the purposes of the law of defamation—

a

any statement made to the Commissioner has absolute privilege,

b

any statement in the Commissioner’s report on an investigation has absolute privilege,

c

any other statement made by the Commissioner has qualified privilege.

2

a

a reference to a statement being made to or by the Commissioner—

i

includes a statement being made to or by (as the case may be) a member of the Commissioner’s staff,

ii

does not include a statement made to or by (as the case may be) an individual when the individual is not acting in the individual’s capacity as the Commissioner or a member of the Commissioner’s staff,

b

statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.

I4I819Directions about premises and sharing of resources

1

The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—

a

the location of the Commissioner’s office,

b

the sharing of premises, staff, services or other resources.

2

The Parliamentary corporation is to make any direction under this section publicly available.

3

A direction under this section may vary or revoke a previous direction.