Scottish Public Services Ombudsman Act 2002

SCHEDULE 5 S Disclosure of information by the Ombudsman

(introduced by section 20)

Person or body	Matter
The Information Commissioner	1. A matter in respect of which the Commissioner could exercise any power conferred by— (a) [F1 sections 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 [F2 2. 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).]
[F3 The Scottish Information Commissioner]	[F3 1. 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
[F4 The Common Services Agency for the Scottish Health Service]	[F4 1. 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)]
[F4 Healthcare Improvement Scotland]	[F4 A 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)]
[F4 NHS Education for Scotland]	[F4 The education or training of persons providing, or intending to provide, services under the National Health Service (Scotland) Act 1978]
[F5 The Patient Safety Commissioner for Scotland	A matter of relevance to the Commissioner’s general functions as defined in section 2 of the Patient Safety Commissioner for Scotland Act 2023]
[F4 The Mental Welfare Commission for Scotland]	[F4 1. 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]
[F6 The 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]
[F6 Social 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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words in sch. 5 inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 1(3); S.S.I. 2024/110, reg. 2(1)

F6 Words 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