- Latest available (Revised)
- Original (As enacted)
Scottish Public Services Ombudsman Act 2002
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: SCHEDULE 5
Changes to legislation:
Scottish Public Services Ombudsman Act 2002, SCHEDULE 5 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 5:
- sch. 5 words inserted by 2023 asp 6 sch. 2 para. 1(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 2 para. 37A inserted by 2007 asp 3 Sch. 5 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 27 repealed (31.1.2011) by 2010 asp 8, sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1), Sch. 1)
- sch. 2 para. 32ZA inserted by 2023 asp 6 sch. 2 para. 1(2)
SCHEDULE 5S Disclosure of information by the Ombudsman
(introduced by section 20)
This schedule has no associated Explanatory Notes
| Person or body | Matter |
|---|---|
| The Information Commissioner | 1. A matter in respect of which the Commissioner could exercise any power conferred by— (a) [F1sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),] (b) section 48 (practice recommend-ations) of the Freedom of Information Act 2000 (c.36), or (c) Part IV (enforcement) of that Act [F22. The commission of an offence under— (a) a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or (b) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).] |
| [F3The Scottish Information Commissioner] | [F31. A matter in respect of which the Commissioner could exercise any power conferred by— (a) section 44 (recommendations as to good practice) of the Freedom of Information (Scotland) Act 2002 (asp 13); or (b) Part 4 (enforcement) of that Act 2. The commission of an offence under section 65 (offence of altering etc. records with intent to prevent disclosure) of that Act] |
| The Auditor General for Scotland | 1. The audit of an account under sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”) 2. A matter in respect of which the Auditor General could exercise the power conferred by subsection (1) (power to initiate economy, efficiency and effectiveness examinations) of section 23 of that Act 3. An examination under that section |
| A person appointed to audit an account under sections 21 and 22 of the 2000 Act | The audit of an account under those sections |
| A person appointed to carry out an examination under section 23 of the 2000 Act | An examination under that section |
| The Scottish Commission for Public Audit | A matter in respect of which the Commission could exercise the power conferred by section 25(4) (power to initiate economy, efficiency and effectiveness examinations in relation to Audit Scotland) of the 2000 Act |
| A person appointed to audit an account of Audit Scotland under subsection (1) of section 25 of the 2000 Act | The audit of an account under that subsection |
| A person appointed to carry out an examination under subsection (4) of section 25 of the 2000 Act | An examination under that subsection |
| The Accounts Commission for Scotland | A matter in respect of which the Commission could exercise any function conferred by section 97A (studies for improving economy etc. in services), 102(1) (power of Commission to require Controller of Audit to make a report), 103 (action by Commission on reports by Controller of Audit) or 105A (studies of benefit administration at request of Secretary of State) of the Local Government (Scotland) Act 1973 (c.65) (“the 1973 Act”) |
| The Controller of Audit appointed under section 97(4) of the 1973 Act | A matter in respect of which the Controller of Audit could exercise any function conferred by section 102 (reports to Commission by Controller of Audit) of the 1973 Act |
| An auditor within the meaning of section 97(6) of the 1973 Act | The audit of an account under Part VII of the 1973 Act |
| [F4The Common Services Agency for the Scottish Health Service] | [F41. The Agency’s function of providing information, advice and management services in support of the functions of the Scottish Ministers, Health Boards and Special Health Boards 2. Fraud or another irregularity in relation to the health service (as defined in section 108(1) of the National Health Service (Scotland) Act 1978)] |
| [F4Healthcare Improvement Scotland] | [F4A matter of relevance to furthering improvement in the quality of health care (as defined in section 10A(2) of the National Health Service (Scotland) Act 1978)] |
| [F4NHS Education for Scotland] | [F4The education or training of persons providing, or intending to provide, services under the National Health Service (Scotland) Act 1978] |
| [F4The Mental Welfare Commission for Scotland] | [F41. An investigation under section 11 or 12 of the Mental Health (Care and Treatment) (Scotland) Act 2003 2. Circumstances of a kind mentioned in paragraph (a) or (d) to (f) of section 11(2) of that Act] |
| [F5The Scottish Social Services Council | A matter in respect of which the Scottish Social Services Council could exercise any power conferred by— |
(a) section 46 (grant or refusal of registration), (b) section 47 (variation etc. of conditions in relation to registration), (c) section 49 (removal etc. from the register), | |
| of the Regulation of Care (Scotland) Act 2001] | |
| [F5Social Care and Social Work Improvement Scotland | A matter in respect of which Social Care and Social Work Improvement Scotland could exercise any power conferred by— |
(a) chapter 2 (social services: inspections), (b) chapter 3 (care services; registration etc.), (c) chapter 4 (local authority adoption and fostering services etc.), | |
| of Part 5 of the Public Services Reform (Scotland) Act 2010] |
Textual Amendments
F1Words 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)
F2Words 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)
F3Words in sch. 5 inserted (1.1.2005) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 75(1), sch. 4 para. 2; S.S.I. 2004/203, art. 3(2)
F4Words 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)
F5Words 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
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.