Organisational duty of candour: guidance

Annex C

Definitions as set out in the Health (tobacco, nicotine, etc. And Care) (Scotland) Act 2016 and the implementing regulations

" The Act" means the Health (Tobacco, Nicotine, etc. and Care) (Scotland) Act 2016.

" The 1978 Act" means the National Health Service (Scotland) Act 1978.

" The Regulations" mean the Duty of Candour Procedure (Scotland) Regulations 2018.

" care service" has the meaning given by section 47(1) of the Public Services Reform (Scotland) Act 2010, except that it does not include a service mentioned in paragraph (k) of that section (child minding).

" health service" means services under the health service continued under section 1 of the 1978 Act, and an independent healthcare service mentioned in section 10F(1) of the 1978 Act.

" incident" means the unintended or unexpected incident by virtue of which section 21(2) of the Act applies to a person.

" the procedure" means the actions set out in regulations 2 to 7 of the Duty of Candour Procedure (Scotland) Regulations 2018.

" registered health professional" means a member of a profession to which section 60(2) of the Health Act 1999 applies.

" relevant person, as set out in section 22(3) of the Act" means the person who has received the health service, the care service or the social work service, or where that person has died, or is, in the opinion of the responsible person, lacking in capacity or otherwise unable to make decisions about the service provided, a person acting on behalf of that person.

" responsible person", as set out in section 25 of the Act, means:

• a Health Board constituted under section 2(1) of the 1978 Act;
• a person (other than an individual) who has entered into a contract, agreement or arrangement with a Health Board to provide a health service;
• the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the 1978 Act;
• a person (other than an individual) providing an independent healthcare service mentioned in section 10F(1) of the 1978 Act;
• a local authority;
• a person (other than an individual) who provides a care service;
• an individual who provides a care service and who employs, or has otherwise made arrangements with, other persons to assist with the provision of that service (unless the assistance in providing that service is merely incidental to the carrying out of other activities);
• a person (other than an individual) who provides a social work service.

" social work services" has the meaning given by section 48 of the Public Services Reform (Scotland) Act 2010.

" written" includes electronic communication, as defined in section 15(1) of the Electronic Communications Act 2003.