(1)This section applies to a person (a “relevant person”) who—
(a)is an individual employed in, or contracted to provide services in or to, a hospital;
(b)not being the Scottish Ministers, is a manager of a hospital;
(c)provides care services; or
(d)is an individual who, otherwise than—
(i)by virtue of a contract of employment or other contract with any person; or
(ii)as a volunteer for a voluntary organisation,
provides care or treatment.
(2)A relevant person who—
(a)whether under this Act or otherwise—
(i)is providing care or treatment; or
(ii)purports to provide care or treatment,
to a patient; and
(b)ill-treats, or wilfully neglects, that patient,
shall be guilty of an offence.
(3)A person guilty of an offence under subsection (2) above shall be liable—
(a)on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both.
(4)In subsection (1)(c) above, the reference to the provision of care services shall be construed in accordance with section 313(5) of this Act.