Search Legislation

Advanced Search

Scottish Public Services Ombudsman Act 2002

Changes to legislation:

Scottish Public Services Ombudsman Act 2002 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Sch. 2 para. 37A inserted by 2007 asp 3 Sch. 5 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 27 repealed (31.1.2011) by 2010 asp 8, sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1), Sch. 1)

  1. Introductory Text

  2. The Scottish Public Services Ombudsman

    1. 1. The Scottish Public Services Ombudsman

  3. Investigations by the Ombudsman

    1. 2. Power of investigation

    2. 3. Persons liable to investigation

    3. 4. Persons liable to investigation: supplementary

    4. 5. Matters which may be investigated

    5. 6. Application of section 5 to certain tribunals

    6. 6A.Matters which may be investigated: healthcare whistleblowing

    7. 6B.Further provision in relation to healthcare whistleblowing

    8. 7. Matters which may be investigated: restrictions

    9. 8. Excluded matters

    10. 9. Complaints: who may complain

    11. 10. Complaints: time limits and procedure

    12. 11.Decisions not to investigate or to discontinue investigations

    13. 12. Investigation procedure

    14. 13. Evidence

    15. 14. Obstruction and contempt

    16. 15. Reports on investigations

    17. 16. Special reports

  4. Listed authorities: complaints handling procedures

    1. 16A.Statement of principles

    2. 16B.Model complaints handling procedures

    3. 16BA.Model complaints handling procedure: healthcare whistleblowing

    4. 16C.Model complaints handling procedures: specification of listed authorities

    5. 16D.Declarations of non-compliance

    6. 16E.Submission of description of complaints handling procedure: general

    7. 16F.Complaints handling procedures: application of other enactments

  5. Complaints handling procedures: promotion of best practice etc.

    1. 16G.Complaints handling procedures: promotion of best practice etc.

  6. Other functions of the Ombudsman

    1. 16H.Reviews under the Welfare Funds (Scotland) Act 2015

  7. Miscellaneous and general

    1. 17. Annual reports etc.

    2. 17A.Strategic plans

    3. 18. Protection from actions for defamation

    4. 19. Confidentiality of information

    5. 20. Disclosure of information by the Ombudsman

    6. 21. Consultation and co-operation with other Commissioners and Ombudsmen

    7. 22. Information about right to make complaint

  8. Supplementary

    1. 23. Interpretation

    2. 24. Orders in Council: general

    3. 25. Modification of enactments

    4. 26. Consequential, transitional, transitory and saving provision

    5. 27. Commencement, revocation and short title

    1. SCHEDULE 1

      The Scottish Public Services Ombudsman

      1. 1.Disqualification

      2. 2.Status

      3. 3.Validity of actings

      4. 4.Term of office and tenure

      5. 5.Vacancy in office of Ombudsman

      6. 6.Vacancy in office of deputy Ombudsman

      7. 7.Remuneration

      8. 8.Pensions etc.

      9. 9.Staff

      10. 10.Advisers and other services

      11. 11.Delegation

      12. 12.General powers

      13. 12A.Location of office

      14. 12B.Sharing of premises, staff, services and other resources

      15. 12C.Charges for services

      16. 12D.Budget

      17. 13.Financial provision

      18. 14.Accountable officer

      19. 15.Accounts and audit

    2. SCHEDULE 2

      Listed authorities

      1. Part 1 Entries not amendable by Order in Council

        1. 1.Scottish Parliament and Scottish Administration

        2. 2.Any member of the Scottish Executive.

        3. 3.Any other office-holder in the Scottish Administration.

        4. 4.Health service

        5. 5.Any person who is, or was at the time of...

        6. 6.Any person who is, or was at the time of...

        7. 7.Local government etc.

        8. 8.Any committee, joint committee or joint board the members of...

        9. 9.Any person who, by virtue of section 56(1) of the...

        10. 10.Any licensing board continued in existence by or established under...

        11. 11.The Strathclyde Passenger Transport Authority.

        12. 11A.Any Transport Partnership created under the Transport (Scotland) Act 2005...

        13. 12.Any National Park authority.

        14. 13.The Scottish Fire and Rescue Service.

        15. 14.. . . . . . . . . ....

        16. 15.Any Children’s Panel Advisory Committee formed under paragraph 3, or...

        17. 16.Any joint committee, for the administration of superannuation schemes for...

        18. 16A.Scottish Water.

        19. 17.Housing

        20. 17A.Prisons

        21. 17B.Crown Estate

      2. Part 2 Entries amendable by Order in Council

        1. 18.Scottish public authorities

        2. 19.Audit Scotland.

        3. 20.The Auditor General for Scotland.

        4. 20A.Bòrd na Gàidhlig

        5. 20AA.Boundaries Scotland

        6. 20B.The British Waterways Board.

        7. 21.The Chief Investigating Officer established by section 9(1) of the...

        8. 21ZZA.Children’s Hearings Scotland.

        9. 21ZA.The Commissioner for Ethical Standards in Public Life in Scotland...

        10. 21A.A community justice authority.

        11. 21B.. . . . . . . . . ....

        12. 21ZZC.Community Justice Scotland.

        13. 21ZZD.Consumer Scotland.

        14. 21ZC.The Convener of the School Closure Review Panels.

        15. 21C.Creative Scotland.

        16. 22.The Crofters Commission.

        17. 22A.Food Standards Scotland.

        18. 23.The Deer Commission for Scotland.

        19. 24.The General Teaching Council for Scotland.

        20. 25.Highlands and Islands Enterprise.

        21. 25ZA.Historic Environment Scotland.

        22. 25ZB.ILF Scotland.

        23. 25ZC.An integration joint board established by order under section 9(2)...

        24. 25A.The Judicial Appointments Board for Scotland.

        25. 26.Learning and Teaching Scotland.

        26. 27.Any local enterprise company, that is to say any company...

        27. 28.The Local Government Boundary Commission for Scotland.

        28. 28A.The National Convener of Children’s Hearings Scotland.

        29. 29.The Board of Trustees for the National Galleries of Scotland....

        30. 30.The National Library of Scotland .

        31. 31.The Board of Trustees of the National Museums of Scotland....

        32. 32.The Parole Board for Scotland.

        33. 32ZA.The Patient Safety Commissioner for Scotland.

        34. 32A.The Police Investigations and Review Commissioner.

        35. 32AA.The Principal Reporter.

        36. 32AB.Redress Scotland.

        37. 32B.. . . . . . . . . ....

        38. 32C.. . . . . . . . . ....

        39. 33.The Board of Trustees of the Royal Botanic Garden, Edinburgh....

        40. 34.. . . . . . . . . ....

        41. 35.The Scottish Agricultural Wages Board.

        42. 36.The Scottish Arts Council.

        43. 36A.The Scottish Biometrics Commissioner.

        44. 37.The Scottish Children’s Reporter Administration.

        45. 37B.The Scottish Commission for Human Rights.

        46. 38.The Scottish Commission for the Regulation of Care.

        47. 39.Scottish Enterprise.

        48. 40.The Scottish Environment Protection Agency.

        49. 40A.The Scottish Further and Higher Education Funding Council.

        50. 41.. . . . . . . . . ....

        51. 42.The Scottish Further Education Unit.

        52. 43.. . . . . . . . . ....

        53. 44.. . . . . . . . . ....

        54. 45.The Scottish Hospital Endowments Research Trust.

        55. 45A.The Scottish Information Commissioner.

        56. 46.The Scottish Legal Aid Board.

        57. 47. Entries amendable by Order in Council

        58. 48.Scottish Natural Heritage.

        59. 49.The Scottish Qualifications Authority.

        60. 50.Scottish Screen.

        61. 50A.The Scottish Sentencing Council.

        62. 51.The Scottish Social Services Council.

        63. 52.The Scottish Sports Council.

        64. 52A.Social Care and Social Work Improvement Scotland.

        65. 52B.South of Scotland Enterprise.

        66. 53.The Scottish Tourist Board.

        67. 54.The Standards Commission for Scotland.

        68. 54A.VisitScotland.

        69. 55.The Water Industry Commission for Scotland.

        70. 56.Any holder of an office— (a) established by or under...

        71. 57.Cross-border public authorities

        72. 58.British Potato Council.

        73. 59.British Tourist Authority.

        74. 60.British Wool Marketing Board.

        75. 61.Central Bureau for Educational Visits and Exchanges.

        76. 62.Committee of Investigation for Great Britain.

        77. 63.Community Development Foundation.

        78. 64.Construction Industry Training Board.

        79. 65.Consumers’ Committee for Great Britain.

        80. 66.The Criminal Injuries Compensation Appeals Panel.

        81. 67.The Criminal Injuries Compensation Authority.

        82. 68.Design Council.

        83. 69.Engineering Construction Industry Training Board.

        84. 70.. . . . . . . . . ....

        85. 71.Forestry Commissioners.

        86. 72.Home-Grown Cereals Authority.

        87. 73.Horticultural Development Council.

        88. 74.Intervention Board for Agricultural Produce.

        89. 75.Joint Nature Conservation Committee.

        90. 76.The licensing authority designated under section 1(1) of the Activity...

        91. 77.Meat and Livestock Commission.

        92. 78.Milk Development Council.

        93. 79.. . . . . . . . . ....

        94. 80. Entries amendable by Order in Council

        95. 81.Police Information Technology Organisation.

        96. 82. Entries amendable by Order in Council

        97. 83.Scottish Consumer Council.

        98. 84.Sea Fish Industry Authority.

        99. 85.The Theatres Trust.

        100. 86. Entries amendable by Order in Council

        101. 87.The Trustees of the National Heritage Memorial Fund.

        102. 88.United Kingdom Sports Council.

        103. 89.Unrelated Live Transplant Regulatory Authority.

        104. 90.Other bodies

        105. 91.The Security Industry Authority.

        106. 91A.The Statistics Board.

        107. 91B.The Committee on Climate Change.

        108. 91BA.The Electoral Commission.

        109. 91C.Architecture and Design Scotland

      3. Part 3 Other entries amendable by Order in Council

        1. 92.Further and Higher Education

        2. 93.The Scottish Agricultural College.

    3. SCHEDULE 3

      Specified tribunals for the purposes of sections 6 and 7

      1. 1.The Dairy Produce Quota Tribunal for Scotland.

      2. 2.Any Independent Schools Tribunal constituted in accordance with Schedule 2...

      3. 3.The Lands Tribunal for Scotland.

      4. 4.Any Meat Hygiene Appeals Tribunal constituted under—

      5. 4A.The Mental Health Tribunal for Scotland.

      6. 5.Any private rented housing committee constituted under section 44 of...

      7. 6.The Plant Varieties and Seeds Tribunal.

      8. 7.The Scottish Land Court.

    4. SCHEDULE 4

      Matters which the Ombudsman must not investigate

      1. 1.Action taken— (a) by or with the authority of a...

      2. 2.(1) The commencement or conduct of— (a) civil or criminal...

      3. 3.Action taken by any office-holder in, or member of the...

      4. 4.Action taken by a member of the administrative staff of...

      5. 5.Action taken by a person appointed under section 5(3)(c) of...

      6. 6.Any exercise of the prerogative of mercy or of the...

      7. 7.(1) Action taken in matters arising from concluded contractual or...

      8. 8.Action taken in respect of appointments or removals, pay, discipline,...

      9. 9.The grant of honours, awards or privileges within the gift...

      10. 10.Action concerning— (a) the giving of instruction, whether secular or...

      11. 10A.Action taken by or on behalf of any body falling...

      12. 11.Action taken by the Mental Welfare Commission for Scotland under—...

      13. 12.Action which has been, or is, the subject of an...

      14. 13.Action taken by a Health Board in the exercise of...

      15. 14.Action taken by a Health Board in the exercise of...

      16. 15.Action relating to the determination of the amount of any...

      17. 16.. . . . . . . . . ....

    5. SCHEDULE 5

      Disclosure of information by the Ombudsman

    6. SCHEDULE 6

      Modification of enactments

      1. 1.Local Government (Scotland) Act 1975 (c.30)

      2. 2.Local Government (Scotland) Act 1978 (c.4)

      3. 3.Local Government Act 1978 (c.39)

      4. 4.Local Government, Planning and Land Act 1980 (c.65)

      5. 5.Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23)

      6. 6.Mental Health (Scotland) Act 1984 (c.36)

      7. 7.Hospital Complaints Procedure Act 1985 (c.42)

      8. 8.Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)

      9. 9.Legal Aid (Scotland) Act 1986 (c.47)

      10. 10.Local Government Act 1988 (c.9)

      11. 11.Housing (Scotland) Act 1988 (c.43)

      12. 12.Official Secrets Act 1989 (c.6)

      13. 13.Local Government and Housing Act 1989 (c.42)

      14. 14.Health Service Commissioners Act 1993 (c.46)

      15. 15.Local Government etc. (Scotland) Act 1994 (c.39)

      16. 16.Children (Scotland) Act 1995 (c.36)

      17. 17.Town and Country Planning (Scotland) Act 1997 (c.8)

      18. 18.Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9)

      19. 19.Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

      20. 20.Scottish Legal Services Ombudsman and Commissioner for Local Administration in Scotland Act 1997 (c.35)

      21. 21.Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

      22. 22.National Parks (Scotland) Act 2000 (asp 10)

      23. 23.Freedom of Information Act 2000 (c.36)

      24. 24.Regulation of Care (Scotland) Act 2001 (asp 8)

    7. SCHEDULE 7

      Transfer of staff, property and liabilities and undetermined complaints

      1. 1.Interpretation

      2. 2.Transfer of staff of existing Commissioners and Scottish Homes

      3. 3.Transfer of property etc. of existing Commissioners and Scottish Homes

      4. 4.Transfer of undetermined statutory complaints

      5. 5.Transfer of undetermined housing complaints

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: