Patient Safety Commissioner for Scotland Act 2023 (asp 6)

Schedule 1 S The office of Patient Safety Commissioner for Scotland

Part 1 S Status and independence

Legal personality S

1 The Commissioner is, as such, to be regarded as a juristic person distinct from the individual holding the office.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 24(2)

I2 Sch. 1 para. 1 in force at 1.5.2024 by S.S.I. 2024/110, reg. 2(1)

Exclusion of Crown Status S

2 (1) The Commissioner—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.

Commencement Information

I3 Sch. 1 para. 2 not in force at Royal Assent, see s. 24(2)

I4 Sch. 1 para. 2 in force at 1.5.2024 by S.S.I. 2024/110, reg. 2(1)

Independence S

3 (1) The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—

(a) any member of the Scottish Parliament,

(b) the Scottish Ministers, or

(c) the Parliamentary corporation.

(2) The provisions referred to in sub-paragraph (1) are—

(a) sections 16(4) and (5) and 19(1), and

(b) paragraphs 6, 7(3), 9, 10(1), 11(1), 14(1), 16(2), 17(1), 19(1) and (2), 21(2) and 22(3) of this schedule.

Commencement Information

I5 Sch. 1 para. 3 not in force at Royal Assent, see s. 24(2)

I6 Sch. 1 para. 3 in force at 1.5.2024 by S.S.I. 2024/110, reg. 2(1)