Publication - Advice and guidance
Organisational Duty of Candour: non-statutory guidance - revised March 2025
This revised guidance focuses on the implementation of the legal duty of candour procedure for health, care, and social work services.
4. Who the Organisational Duty of Candour Applies To
Organisations that provide a health service, care service, or social work service to which the duty of candour applies are referred to in the relevant legislation as a "responsible person". This is set out at section 25 of the Act:
- a Health Board constituted under section 2(1) of the National Health Service (Scotland) Act 1978 (the 1978 Act)
- a person (other than an individual) who has entered into a contract, agreement or arrangement with a Health Board to provide a health service
- the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the 1978 Act
- a person (other than an individual) providing an independent healthcare service mentioned in section 10F(1) of the 1978 Act
- a local authority
- a person (other than an individual) who provides a care service
- an individual who provides a care service and who employs, or has otherwise made arrangements with, other persons to assist with the provision of that service (except childminders or unless the assistance in providing that service is merely incidental to the carrying out of other activities)
- a person (other than an individual) who provides a social work service
Contact
Email: dutyofcandour@gov.scot