OpenLegislation

The Scottish Public Services Ombudsman Act 2002 (Consequential Modification of Instruments) Order 2003

S.S.I. 2003/242 · Made 8 May 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SCOTTISH PUBLIC SERVICES OMBUDSMAN

Made 8th May 2003

Laid before the Scottish Parliament 15th May 2003

Coming into force 5th June 2003

At the Court at Buckingham Palace, the 8th day of May 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 25(2) of the Scottish Public Services Ombudsman Act 2002f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

Annotations to the whole text

Footnotes

f1

2002 asp 11.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Public Services Contracts Regulations 1993
  3. 3Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 1994
  4. 4Amendment of the Public Supply Contracts Regulations 1995
  5. 5Amendment of the State Hospitals Board for Scotland Order 1995
  6. 6Amendment of the Adoption Agencies (Scotland) Regulations 1996
  7. 7Amendment of the Scottish Ambulance Service Board Order 1999
  8. 8Amendment of the NHS 24 (Scotland) Order 2001
  9. 9Amendment of the NHS Education for Scotland Order 2002
  10. 10Amendment of the National Waiting Times Centre Board (Scotland) Order 2002
  11. 11Amendment of the NHS Quality Improvement Scotland Order 2002
  12. Signature
  13. Explanatory note

1Citation and commencement

This Order may be cited as the Scottish Public Services Ombudsman Act 2002 (Consequential Modification of Instruments) Order 2003 and shall come into force on 5th June 2003.

2Amendment of the Public Services Contracts Regulations 1993

In Schedule 3 to the Public Services Contracts Regulations 1993f1 (GPA Annex I Contracting Authorities) the words “Office of the Scottish Public Services Ombudsman” are inserted, at the appropriate place in the list specified in that Schedule.

3Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 1994

Rule 62B of the Prisons and Young Offenders Institutions (Scotland) Rules 1994f1 (visits by the Parliamentary Commissioner for Administration or Officers on his behalf) is amended as follows:–

(a)

in sub-paragraph (1) the words “, or the Scottish Public Services Ombudsman or any person authorised by him” are inserted after the word “him”;

(b)

in sub-paragraph (2) the words “, or by the Scottish Public Services Ombudsman or any person authorised by him” are inserted after the word “him”; and

(c)

in sub-paragraph (2)(b) the words “, or the Scottish Public Services Ombudsman or his representative” are inserted after the word “representative”.

4Amendment of the Public Supply Contracts Regulations 1995

In Schedule 1 to the Public Supply Contracts Regulations 1995f1 (GPA Annex 1 Contracting Authorities) the words “Office of the Scottish Public Services Ombudsman” are inserted at the appropriate place on the list specified in that Schedule.

5Amendment of the State Hospitals Board for Scotland Order 1995

Part II of the Schedule to the State Hospitals Board for Scotland Order 1995f1 (enactments applied to the Board – Acts other than the Act) is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2 for “Health Service Commissioner for Scotland” substitute “Scottish Public Services Ombudsman”.

6Amendment of the Adoption Agencies (Scotland) Regulations 1996

For regulation 24(1)(c) of the Adoption Agencies (Scotland) Regulations 1996f1 substitute–

“(c)

to the Scottish Public Services Ombudsman”.

7Amendment of the Scottish Ambulance Service Board Order 1999

Part II of the Schedule to the Scottish Ambulance Service Board Order 1999f1 (enactments applied to the Board – Acts other than the Act) is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2 for “Health Service Commissioner for Scotland” substitute “Scottish Public Services Ombudsman”.

8Amendment of the NHS 24 (Scotland) Order 2001

Part II of the Schedule to the NHS 24 (Scotland) Order 2001f1 (enactments applied to the Board – Acts other than the Act) is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2–

(i)

for “where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to execute an instrument on their behalf” substitute “Provisions for investigations by the Scottish Public Services Ombudsman”; and

(ii)

omit “provisions for investigations by the Health Service Commissioner”.

9Amendment of the NHS Education for Scotland Order 2002

Part II of the Schedule to the NHS Education for Scotland Order 2002f1 (enactments applied to the Board) is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2 for “Health Service Commissioner for Scotland” substitute “Scottish Public Services Ombudsman”.

10Amendment of the National Waiting Times Centre Board (Scotland) Order 2002

Part II of the Schedule to the National Waiting Times Centre Board (Scotland) Order 2002f1 (enactments applied to the Board – Acts other than the Act) is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2 for “Health Service Commissioner for Scotland” substitute “Scottish Public Services Ombudsman”.

11Amendment of the NHS Quality Improvement Scotland Order 2002

Part II of the Schedule to the NHS Quality Improvement Scotland Order 2002f1 is amended as follows:–

(a)

in Column 1 for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002”; and

(b)

in Column 2 for “Health Service Commissioner for Scotland” substitute “Scottish Public Services Ombudsman”.

Signature

A. K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This order makes provision consequential on the creation of the office of Scottish Public Services Ombudsman.

Articles 2 to 11 of the Order make consequential amendments to a number of Statutory Instruments to extend the powers of investigation of the Scottish Public Services Ombudsman, substituting these where appropriate for the existing powers conferred on the Health Service Commissioner for Scotland.