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Patient Safety Commissioner for Scotland Act 2023

Status:

This is the original version (as it was originally enacted).

Part 1Status and independence

Legal personality

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

Exclusion of Crown Status

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.

Independence

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.

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