{
  "url": "https://openlegislation.uk/scottish-public-services-ombudsman-act-2002/section-16BA",
  "json_url": "https://openlegislation.uk/scottish-public-services-ombudsman-act-2002/section-16BA.json",
  "legislation": "asp/2002/11",
  "legislation_title": "Scottish Public Services Ombudsman Act 2002",
  "legislation_url": "https://openlegislation.uk/scottish-public-services-ombudsman-act-2002",
  "path": "section/16BA",
  "kind": "section",
  "number": "16BA",
  "heading": "Model complaints handling procedure: healthcare whistleblowing",
  "text": "(1) The Ombudsman must publish, under section 16B, a model CHP for whistleblowers’ complaints to—\n(a) a health service body, other than the Scottish Dental Practice Board,\n(b) an independent provider,\n(c) a family health service provider.\n(2) The Ombudsman may publish different model CHPs in accordance with this section for different purposes.\n(3) Any model CHP published in accordance with this section must include the following definition of whistleblowing—\n“Whistleblowing is when a person who delivers services or used to deliver services on behalf of a health service body, family health service provider or independent provider (as defined in section 23 of the Scottish Public Services Ombudsman Act 2002) raises a concern that relates to speaking up, in the public interest, about an NHS service, where an act or omission has created, or may create, a risk of harm or wrong doing.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 16A-16G and cross-heading inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 119, 134(7); S.S.I. 2010/221, art. 3(2), sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 16BA 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(5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2002/11/section/16BA",
    "retrieved_at": "2026-10-29T20:17:01.368750+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}