The legislation which sets out our functions as a public body is the Public Health Scotland Order 2019. PHS was formed under section 2 of the National Health Service (Scotland) Act 1978.

However, there are many provisions set out in statute or other instruments which PHS must comply with in order to carry out its functions and duties set out in law which include processing of personal data. These act as PHS’s legal gateway.

The instruments include, but are not limited to, the following:

• National Health Service Reform (Scotland) Act 2004 (section 5)
• The Health Security (EU Exit) Regulations 2021 (Part 3, Reg 10)
• The Health Protection Agency (Scottish Health Functions) Order 2006
• UK/EU and EAEC: Trade and Cooperation Agreement [TS No.8/2021]
• UK Focal Point Communications Protocol on Serious Cross-Border Threats to Health
• Public health protection and health security: provisional common framework
• International Health Regulations 2005
• Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (section 15)
• Civil Contingencies Act 2004 (Part 4, para 38A)
• Public Health etc. (Scotland) Act 2008
• The Abortion (Scotland) Regulations 1991
• The Abortion (Scotland) Amendment Regulations 2021
• Notification of Abortion Procedure
• The Equality Act 2010 (section 149)
• The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
• The Official Statistics (Scotland) Order 2008
• The Official Statistics (Scotland) Amendment Order 2019
• Statistics and Registration Service Act 2007
• The Code of Practice for Statistics 2022
• Public Health Scotland Amendment Order 2023