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When a duty of candour incident occurs, the ‘responsible person’ that carries out the duty of candour procedure is the organisation that provides the health, care or social work service, not an individual. The ‘responsible person’ is responsible for:

  • carrying out the Duty of Candour procedure
  • undertaking any training required by regulations
  • providing training, supervision and support to any person carrying out any part of the procedure as required by the regulations
  • reporting annually on the duty

The Duty of Candour – procedure [Factsheet No 1] provides a definition of the ‘responsible person’. With regard to dental practices, the ‘responsible person’ is most likely to be the practice itself. However, it may be the Health Board, depending on local arrangements with NHS patients. The duty of candour lead at your local Health Board will be able to advise about what local arrangements are in place.

Sources of information

  1. Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 asp 14. Scottish Government
  2. The Duty of Candour Procedure (Scotland) Regulations 2018 No. 57. Scottish Government