Explanatory Notes

Patient Safety Commissioner for Scotland Act 2023

2023 asp 6

7 November 2023

Commentary on Provisions

Purpose and principles

Section 2: Functions

7.Subsection (1) of section 2 provides for the Commissioner’s general functions. They are (a) to advocate for systemic improvement in the safety of health care, and (b) to promote the importance of the views of patients and other members of the public in relation to the safety of health care.

8.Definitions of “health care” and “patient” are provided in section 21 and you may find it helpful to refer to that provision of the Act and paragraphs 53 to 56 of these Notes.

9.Subsection (2) of section 2 gives examples of things which the Commissioner may do in order to achieve its purposes, including gathering information, including patient feedback, relating to safety issues in health care, making recommendations for systemic improvements in the safety of health care, and promoting co-ordination among health care providers and public authorities with functions relating to health care. The list is not exhaustive of the activities in which the Commissioner might engage.

10.Subsection (3) makes clear that the Commissioner is to focus on improving the safety of health care in the future, not directly addressing past incidents.

11.This does not mean, however, that the Commissioner cannot consider past incidents in order to inform actions which the Commissioner and others may take to advance the safety of health care in future (see subsection (4)).