Supplementary

23Interpretation

1

In this Act, unless the context otherwise requires—

  • “action” includes failure to act and related expressions are to be construed accordingly,

  • “complaint” means a complaint to the Ombudsman,

  • “deputy Ombudsman” has the meaning given in section 1(2),

  • “family health service provider” has the meaning given in paragraph 5 of schedule 2 and references to family health services are to any of the services mentioned in that paragraph,

  • “health service body” has the meaning given in paragraph 4 of schedule 2,

  • “independent provider” has the meaning given in paragraph 6 of schedule 2,

  • “listed authority” has the meaning given in section 3(1),

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

  • “the Ombudsman” has the meaning given in section 1(1),

  • “the Parliament” means the Scottish Parliament,

  • “the Parliamentary corporation” means the Scottish Parliamentary Corporate Body,

  • “patient” includes an expectant or nursing mother and a lying-in woman,

  • “person aggrieved” has the meaning given in section 5(4),

  • “registered social landlord” has the meaning given in section 111 of the Housing (Scotland) Act 2001 (asp 10),

  • “request” means a request for investigation under section 2(2).

2

For the purposes of this Act, action taken by or on behalf of a listed authority includes action taken by—

a

where the authority is a body, a member or committee of the body,

b

an officer or member of staff of the authority,

c

any person acting on behalf of the authority, and

d

any person to whom the authority has delegated functions.

3

Action taken by or on behalf of a member of the Scottish Executive does not, however, include action taken on behalf of the Scottish Ministers by a Minister of the Crown or government department by virtue of section 93 (agency arrangements) of the Scotland Act 1998 (c. 46).

4

Where a listed authority is an office-holder in the Scottish Administration, the persons referred to in subsection (2)(b) include, in particular, any member of the staff of the Scottish Administration assigned to assist the office-holder in question in the exercise of the office-holder’s functions.