OpenLegislation

Health Service Commissioners Act 1993 in Northern Ireland

1993 c. 46 · Enacted 5 November 1993 · Extends to United Kingdom

Not fully up to date. 11 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 4(6)repealedHealth and Social Care (Community Health and Standards) Act 2003 Sch. 14 Pt. 2
s. 4(4)(a)words insertedNHS Redress Act 2006 s. 15(3)(b)
s. 3(1F)insertedNHS Redress Act 2006 s. 15(2)
s. 4(4)(a)words substitutedNHS Redress Act 2006 s. 15(3)(a)
s. 7(2)(b)word repealedNHS Redress Act 2006 s. 15(4)(a)
s. 7(2)(d) and wordinsertedNHS Redress Act 2006 s. 15(4)(b)
s. 11(1C)words insertedNHS Redress Act 2006 s. 15(5)
s. 14(2G)(2H)insertedNHS Redress Act 2006 s. 15(7)
s. 12(1A)words substitutedNHS Redress Act 2006 s. 15(6)
Sch. 2 para. 3repealedHealth Act 2009 Sch. 6
s. 2A(1)(c)words substitutedHealth and Care Act 2022 Sch. 3 para. 46

Contents

  1. Health Service Commissioner
  2. Investigations
  3. 11Procedure in respect of investigations.
  4. 12Evidence.
  5. 13Obstruction and contempt.
  6. Reports
  7. 14Reports by the Commissioner.
  8. Information and consultation
  9. 15Confidentiality of information.
  10. 16Information prejudicial to the safety of the State.
  11. 18ZACollaborative working between the Commissioner and other Commissioners
  12. Supplementary
  13. 19Interpretation.
  14. 22Short title, extent and commencement.
  15. Introductory
  16. 1AParagraph 1A
  17. 1BParagraph 1B
  18. 1CParagraph 1C
  19. 1DParagraph 1D
  20. 1EParagraph 1E
  21. Salaries
  22. Pensions and other benefits
  23. 8Paragraph 8
  24. 10Paragraph 10
  25. Staff and advisers
  26. Financial provisions
  27. 15Paragraph 15
  28. ...
  29. Paragraph Repealed
  31. Paragraph Repealed
  33. Paragraph Repealed
  35. Paragraph Repealed
  39. Paragraph Repealed
  41. Paragraph Repealed
  43. Paragraph Repealed
  45. Paragraph Repealed
  48. Paragraph Repealed
  51. Paragraph Repealed
  52. Schedule 2: Consequential amendments
  53. The Parliamentary Commissioner Act 1967 (c.13)
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 3Paragraph 3
  57. 4Paragraph 4
  58. 7Paragraph 7
  59. The Parliamentary and Health Service Commissioners Act 1987 (c.39)
  60. 8Paragraph 8
  61. Schedule 3Repeals
  62. 1Notes:
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4

11Procedure in respect of investigations.

(1)

Where F1the Commissioner proposes to conduct an investigation pursuant to a complaint under F2section 3(1), he shall afford—

C1(a)

to the health service body concerned, and

(b)

to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

F3(1A)

Where F4the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1A), he shall afford—

(a)

to the family health service provider, and

(b)

to any person by reference to whose action the complaint is made (if different from the family health service provider),

an opportunity to comment on any allegations contained in the complaint.

(1B)

Where F5the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1C), he shall afford—

(a)

to the independent provider concerned, and

(b)

to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

F6(1C)

Where F7the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.

(2)

An investigation shall be conducted in private.

(3)

In other respects, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case, and in particular—

(a)

he may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and

(b)

he may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(4)

F8The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—

(a)

sums in respect of expenses properly incurred by them, and

(b)

allowances by way of compensation for the loss of their time.

Payments F9made by F10the Commissioner F11... under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by the Treasury F12....

(5)

The conduct of an investigation F13pursuant to a complaint under section 3(1) shall not affect any action taken by the health service body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.

F14(5A)

The conduct of an investigation pursuant to a complaint under section 3(1A) or (1C) shall not affect any action taken by the family health service provider or independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation.

(6)

Where the person aggrieved has been removed from the United Kingdom under any order in force under the M1Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

12Evidence.

C1(1)

For the purposes of an investigation pursuant to a complaint under section 3(1) F1the Commissioner may require any officer or member of the health service body concerned or any other person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.

F2(1A)

For the purposes of an investigation pursuant to a complaint under section 3(1A) (1C) or (1E) F3the Commissioner may require any person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.

(2)

For the purposes of an investigation F4the Commissioner shall have the same powers as the Court in respect of—

(a)

the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b)

the production of documents.

(3)

No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation.

(4)

The Crown shall not be entitled in relation to an investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5)

No person shall be required or authorised by this Act—

(a)

to supply any information or answer any question relating to proceedings of the Cabinet or of any Committee of the Cabinet, or

(b)

to produce so much of any document as relates to such proceedings;

and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document relates to such proceedings shall be conclusive.

(6)

Subject to subsections (3) and (4), no person shall be compelled for the purposes of an investigation to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Court.

13Obstruction and contempt.

(1)

F1The Commissioner may certify an offence to the Court where—

(a)

a person without lawful excuse obstructs him or any of his officers in the performance of his functions, or

(b)

a person is guilty of any act or omission in relation to an investigation which, if that investigation were a proceeding in the Court, would constitute contempt of court.

(2)

Where an offence is so certified the Court may inquire into the matter and after hearing—

(a)

any witnesses who may be produced against or on behalf of the person charged with the offence, and

(b)

any statement that may be offered in defence,

the Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the like offence in relation to the Court.

(3)

Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in section 11(5).

14Reports by the Commissioner.F50E1C1

(1)

F1In any case where F2the Commissioner F3... conducts an investigation pursuant to a complaint under section 3(1) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F4... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

C2(c)

to the health service body who at the time the report is made provides the service, or has the function, in relation to which the complaint was made, F5and

(d)

to any person who is alleged in the complaint to have taken or authorised the action complained of, F6...

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In any case where F7the Commissioner F8... decides not to conduct an investigation F9pursuant to a complaint under section 3(1) he shall send a statement of his reasons—

(a)

to the person who made the complaint, F10and

(b)

to any such member of the House of Commons F11... as is mentioned in subsection (1)(b), F12. . .

F13(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2A)

In any case where F15the Commissioner F16... conducts an investigation pursuant to a complaint under section 3(1A) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F17... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)

to any person by reference to whose action the complaint is made,

(d)

to the family health service provider (if he does not fall within paragraph (c)), F18and

(e)

to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, F19...

(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)

In any case where F20the Commissioner F21... decides not to conduct an investigation pursuant to a complaint under section 3(1A) he shall send a statement of his reasons—

(a)

to the person who made the complaint, and

(b)

to any such member of the House of Commons F22... as is mentioned in subsection (2A)(b).

(2C)

In any case where F23the Commissioner F24... conducts an investigation pursuant to a complaint under section 3(1C) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F25... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)

to any person who is alleged in the complaint to have taken or authorised the action complained of,

(d)

to the independent provider, F26and

(e)

to the health service body or family health service provider with whom the independent provider F27(in a case within section 2B(1)) made the arrangement to provide the service concerned, F28...

(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)

In any case where F29the Commissioner F30... decides not to conduct an investigation pursuant to a complaint under section 3(1C) he shall send a statement of his reasons—

(a)

to the person who made the complaint, and

(b)

to any such member of the House of Commons F31...as is mentioned in subsection (2C)(b).

F32(2E)

In any case where F33the Commissioner conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint;

(b)

to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(c)

to the person or body whose maladministration is complained of;

(d)

to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

F34(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2F)

In any case where F35the Commissioner decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)

to the person who made the complaint; or

(b)

to any such member of the House of Commons as is mentioned in subsection (2E)(b).

F36(2HA)

Where the Commissioner has not concluded an investigation before the end of the 12 month period beginning with the date the complaint was received, the Commissioner must send a statement explaining the reason for the delay to the person who made the complaint.

F37(2I)

Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.

(3)

If after conducting an investigation it appears to F38the Commissioner F39... that—

(a)

the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) F40, (1A) or (1C), and

(b)

the injustice or hardship has not been and will not be remedied,

he may if he thinks fit F41lay before each House of Parliament a special report on the case.

F42(4)

F43The Commissioner F44...—

(a)

shall F45...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)

may F46... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

F47(4A)

The general report laid under subsection (4)(a) must include information about—

(a)

how long investigations that were concluded in the year to which the report relates took to be concluded,

(b)

how many of those investigations took more than 12 months to be concluded, and

(c)

the action being taken with a view to all investigations being concluded within 12 months.

(5)

For the purposes of the law of defamation, the publication of any matter by F48the Commissioner F49... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.

15Confidentiality of information.C1

(1)

Information obtained by F1the Commissioner or his officers in the course of or for the purposes of an investigation shall not be disclosed except—

(a)

for the purposes of the investigation and any report to be made in respect of it,

F2(aa)

for the purposes of F3a matter which is being investigated by the Parliamentary Commissioner or a Local Commissioner (or both),

(b)

for the purposes of any proceedings for—

(i)

an offence under the Official Secrets Acts 1911 to 1989 F4or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained by virtue of this Act by the Commissioner or any of his officers, or

(ii)

an offence of perjury alleged to have been committed in the course of the investigation,

(c)

for the purposes of an inquiry with a view to the taking of such proceedings as are mentioned in paragraph (b), F5. . .

(d)

for the purposes of any proceedings under section 13 (offences of obstruction and contempt) F6or

(e)

F7where the information is to the effect that any person is likely to constitute a threat to the health or safety of patientsas permitted by subsection (1B).

(F8F91A)

Subsection (1B) applies where, in the course of an investigation, F10the Commissioner or any of his officers obtains information which—

(a)

does not fall to be disclosed for the purposes of the investigation or any report to be made in respect of it, and

(b)

is to the effect that a person is likely to constitute a threat to the health or safety of patients.

(1B)

In F11a case within subsection (1)(e) the Commissioner may disclose the information to any persons to whom he thinks it should be disclosed in the interests of the health and safety of patients F12; and a person to whom disclosure may be made may, for instance, be a body which regulates the profession to which the person mentioned in subsection (1A)(b) belongs or his employer or any person with whom he has made arrangements to provide services.

(1C)

If F13the Commissioner discloses information as permitted by subsection (1B) he shall—

(F14a)

where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and

(b)

inform the person from whom the information was obtained that he has disclosed it.

(2)

Neither F15the Commissioner nor his officers F16nor his advisers shall be called on to give evidence in any proceedings, other than proceedings mentioned in subsection (1), of matters coming to his or their knowledge in the course of an investigation under this Act.

F17(3)

The reference in subsection (2) to F18the Commissioner's advisers is a reference to persons from whom the Commissioner obtains advice under paragraph 13 of Schedule 1 F19....

F20(4)

Information obtained from the F21Information Commission by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

16Information prejudicial to the safety of the State.

(1)

A Minister of the Crown may give notice in writing to F1the Commissioner with respect to any document or information specified in the notice that in the Minister’s opinion the disclosure of the document or information would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(2)

Where such a notice is given to the Commissioner, nothing in this Act shall be construed as authorising or requiring him or any of his officers to communicate to any person or for any purpose any document or information specified in the notice.

(3)

References above to a document or information include references to a class of document or a class of information.

18ZACollaborative working between the Commissioner and other CommissionersF1

(1)

If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of—

(a)

the Parliamentary Commissioner,

(b)

a Local Commissioner, or

(c)

both,

he may, subject to subsection (2), conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2)

The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with section 9(3) before agreeing to a joint investigation referred to in subsection (1).

(3)

If the Commissioner forms the opinion that F2matters which are the subject of an investigation by—

(a)

the Parliamentary Commissioner,

(b)

a Local Commissioner, or

(c)

both,

F3include a matter within his jurisdiction, he may conduct an investigation F4of that matter under this Act jointly with that Commissioner or those Commissioners.

(4)

If the Commissioner conducts an investigation F5... jointly with another person, the requirements of section 14 (reports) (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5)

Apart from identifying any body or provider investigated, a report prepared by virtue of subsection (4) by the Commissioner and a Local Commissioner shall not—

(a)

mention the name of any person, or

(b)

contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as F6the interests of the complainant (if any) and of other persons, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(6)

Nothing in subsection (5) of this section prevents a report—

(a)

mentioning the name of, or

(b)

containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

19Interpretation.

In this Act—

  • “action” includes failure to act, and related expressions shall be construed accordingly;

  • F1F2“allotted sum” shall be construed in accordance with section 15 of the M1National Health Service and Community Care Act 1990 or, in Scotland, section 87B of the M2National Health Service (Scotland) Act 1978;

  • F3“the Assembly” means the National Assembly for Wales;

  • “the Court” means, in relation to England and Wales, the High Court, F4...and in relation to Northern Ireland, the High Court in Northern Ireland;

  • F5“direct payment services” means services in respect of which direct payments have been made under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006;

  • F6“family health services” has the meaning given by section 2A;

  • “family health service provider” has the meaning given by section 2A;

  • F7...

  • “functions” includes powers and duties;

  • “health service body” has the meaning given by section 2;

  • F8“independent provider” has the meaning given by section 2B;

  • “local authority” means—

    1. (a)

      in relation to England F9. . ., a county, district or London borough council or the Common Council of the City of London,

    2. (aa)

      F10in relation to Wales, a county council or county borough council,

    3. (b)

      in relation to Scotland, a regional, district or islands council;

  • F11“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;

  • “officer” includes employeeF12...;

  • “Parliamentary Commissioner” means Parliamentary Commissioner for Administration;

  • “patient” includes an expectant or nursing mother and a lying-in woman; F13. . .

  • “person aggrieved” means the person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 3(1) F14, (1A) or (1C).

  • F15F16“recognised fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990 or, in Scotland, section 87A of the National Health Service (Scotland) Act 1978.

22Short title, extent and commencement.

(1)

This Act may be cited as the Health Service Commissioners Act 1993.

(2)

The following provisions of this Act extend to Northern Ireland—

(a)

sections 11, 12, 13, 14(5), 15, 16 and this section;

(b)

section 19 so far as it relates to provisions mentioned in this subsection;

(c)

Schedule 2 so far as it amends any enactment which extends to Northern Ireland; and

(d)

Schedule 3 so far as it repeals any enactment which extends to Northern Ireland.

(3)

The Secretary of State may by order provide that this Act shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

1AF1

Subject to paragraphs 1C and 1D a person appointed to be the Commissioner shall hold office until the end of the period for which he is appointed.

1BF1

That period must be not more than seven years.

1CF1

A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request.

1DF1

A person appointed to be the Commissioner may be removed from office by Her Majesty, on the ground of misbehaviour, in consequence of Addresses from both Houses of Parliament.

1EF1

A person appointed to be the Commissioner is not eligible for re-appointment.

8

In computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to the 1967 Act, there shall be disregarded—

(a)

any abatement of that salary under paragraph 5,

(b)

any temporary abatement of that salary in the national interest, and

(c)

any voluntary surrender of that salary in whole or in part.

10

In any case where a person makes an election under paragraph 2(1)(a) of Schedule 1 to the M1Parliamentary Commissioner Act 1967 (as substituted by Part II of Schedule 4 to the M2Judicial Pensions and Retirement Act 1993) so that Schedule 1 to the 1967 Act continues to have effect in relation to him as it did before the coming into force of Part II of Schedule 4 to the 1993 Act, this Schedule shall have effect—

(a)

as if in paragraph 7 the words “hold or” (in both places) and in paragraph 9(3) and (4) the words “or 2” (in both places) were omitted, and

(b)

as if for the reference in paragraph 9(2) to paragraph 4 of Schedule 1 to the 1967 Act there were substituted a reference to paragraph 8 of that Schedule.

15

Any salary, pension or other benefit payable by virtue of paragraph 2 and paragraphs 4 to 9 shall be charged on and issued out of the Consolidated Fund.

F1F2

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F1F2

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F1F2

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F1F2

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F1F2

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F1F2

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F1F2

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F1F2

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F1F2

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F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

In section 11A of the Parliamentary Commissioner Act 1967 (consultations between Parliamentary Commissioner and Health Service Commissioners) in subsection (1)(b) for the words “Part V of the National Health Service Act 1977” to the end there shall be substituted “ the Health Service Commissioners Act 1993. ”

2

In paragraph 8 of Schedule 3 to that Act (action taken by certain health service bodies not subject to investigation by the Parliamentary Commissioner) after the words “Scottish Health Service” there shall be inserted “ by the Dental Practice Board or the Scottish Dental Practice Board ”.

3

In section 29(5)(b) of the Local Government Act 1974 (restriction on disclosure of information by Health Service Commissioners in relation to investigations by Local Commissioners) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Health Service Commissioners Act 1993 ”.

4

(1)

Section 33 of that Act (consultation between Local Commissioners, Parliamentary Commissioner and Health Service Commissioners) shall be amended as follows.

(2)

In subsection (1) for the words “sections 109” to the end of paragraph (b) and for the words “Part V of the Act of 1977” there shall be substituted “ the Act of 1993, ”.

(3)

In subsection (3)—

(a)

for the words from the beginning to “Commissioner conducting the investigation” there shall be substituted—

“(3)

If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner”; and

(b)

the words “under the Act of 1967 or Part V of the Act of 1977, as the case may be,” shall be omitted.

(4)

In subsection (4) the words “or Part V of the Act of 1977” shall be omitted.

(5)

In subsection (5) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Act of 1993 ”.

(6)

In subsection (6) for the words “the Act of 1977” onwards there shall be substituted “ the “Act of 1993” means the Health Service Commissioners Act 1993. ”

7

In section 1(2) of the Hospital Complaints Procedure Act 1985 for the words “under Part V” to “Commissioners)” there shall be substituted “ under the Health Service Commissioners Act 1993 ”.

8

In section 2(1) of the Parliamentary and Health Service Commissioners Act 1987 (removal of a Commissioner on medical grounds) for the words from the beginning to “for Scotland)” there shall be substituted “ Section 1 of the 1967 Act (which deals with the appointment and tenure of office by the Parliamentary Commissioner) ”.

Schedule 3Repeals

ChapterShort titleExtent of repeal
1974 c. 7.The Local Government Act 1974.In section 33(3), the words “under the Act of 1967 or Part V of the Act of 1977 as the case may be”.
In section 33(4), the words “or Part V of the Act of 1977”.
1975 c. 30.The Local Government (Scotland) Act 1975.In section 31(3), the words “under the Act of 1967 or Part VI of the Act of 1978 as the case may be”.
In section 31(4), the words “or Part VI of the Act of 1978”.
1977 c. 49.The National Health Service Act 1977.Sections 106 to 120.
Section 130(3)(c).
Schedule 13.
In Schedule 14, paragraph 17.
In Schedule 15, paragraphs 60 and 61.
1978 c. 29.The National Health Service (Scotland) Act 1978.Sections 90 to 97.
Schedule 14.
In Schedule 15, paragraph 12.
1980 c. 53.The Health Services Act 1980.In Schedule 1, paragraphs 72 to 74.
In Schedule 2, paragraphs 7, 8 and 9 and sub-paragraphs (a) to (f) of paragraph 11.
1984 c. 36.The Mental Health (Scotland) Act 1984.In Schedule 3, paragraph 42.
1987 c. 39.The Parliamentary and Health Service Commissioners Act 1987.Section 2(2).
Section 4(3) to (5).
Section 5.
Section 6(2) and (3).
Section 7.
Section 8.
1988 c. 49.The Health and Medicines Act 1988.Section 12(4) and (5).
1989 c. 6.The Official Secrets Act 1989.In Schedule 1, paragraph 1(h).
1990 c. 19.The National Health Service and Community Care Act 1990.In Schedule 9, paragraphs 18(10) and (11) and 19(18).
1993 c. 8.The Judicial Pensions and Retirement Act 1993.Part III of Schedule 4.

1Notes:

This Table shows the derivation of the provisions of the Bill.

2

The following abbreviations are used in this Table:

1967= The Parliamentary Commissioner Act 1967 (c.13)
1977= The National Health Service Act 1977 (c.49)
1978= The National Health Service (Scotland) Act 1978 (c.29)
1980= The Health Services Act 1980 (c.53)
1987= The Parliamentary and Health Service Commissioners Act 1987 (c.39)
1990= The National Health Service and Community Care Act 1990 (c.19)

3

The abbreviation “Law Comm R” followed by a number refers to the recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm. 2255).

4

Certain functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670 Articles 2(1),(2) and 3(5)). References to the Minister for the Civil Service in the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 are therefore reproduced in the Bill as references to the Treasury.

ProvisionDerivation
1(1)1977 s.106(1); 1978 s.90(1)
(2),(3)drafting
2(1),(2)1977 s.109, s.110; 1980 Sch.1 paras.72,73, Sch.2 para.7; Health and Medicines Act 1988 (c.49) s.12(4); 1990 s.2(1), Sch.9 para.18(10),(11); Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39) art.7(20)
(3)1978 s.93(1); Health and Medicines Act 1988 (c.49) s.12(5); 1990 Sch.9 para.19(18)
(4)drafting
(5)1977 s.109(c),(d)
(6)1977 s.126(1)
3(1)1977 s.115; 1978 s.93(2)
(2)1977 s.113(1); 1978 s.93(6)
(3)1977 s.113(2); 1978 s.93(6)
(4)1977 s.120(2); 1978 s.97(2)
4(1)1977 s.116(1); 1978 s.93(3)
(2)1977 Sch.13 para.19(5); 1978 s.93(4), Sch.14 para.6
(3)1978 s.93(4), Sch.14 para 7; Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.42; Law Comm R2
5(1)1977 Sch.13 para.19(1); 1978 s.93(4), Sch.14 para.2
(2)1977 s.128(1); 1978 s.108(1); Mental Health Act 1983 (c.20) Sch.4 para.47(d); Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.41
6(1)1977 s.116(2)(b)
(2)1978 s.93(4), Sch.14 para.1
(3)1977 Sch.13 para.19(2); 1990 s.2(1)
(4)1978 s.93(4), Sch.14 para.3
7(1)—(3)1977 Sch.13 para.19(3),(4); 1978 s.93(4), Sch.14 paras.4,5
(4)1977 s.116(3); 1978 s.93(5)
(5)1977 s.126(1); 1978 s.105(2)
81977 s.111(1); 1978 s.94(1)
91977 s.111(2), s.112, s.114(1); 1978 s.94(2)—(4)
101977 s.113(2), s.117; 1978 s.93(6), s.94(5); 1987 s.7, s.8
111967 s.7; 1977 Sch.13 paras.1-6; 1978 s.95
121967 s.8; Civil Evidence Act 1968 (c.64) s.17(1)(b); 1977 Sch.13 paras.7-11; 1978 s.95
131967 s.9; 1977 Sch.13 paras.12-14; 1978 s.95
14(1)1977 s.119(1); 1978 s.96(1); 1987 s.5(1)
(2)1977 s.119(2); 1978 s.96(3); 1987 s.5(2),(3)
(3)1977 s.119(3); 1978 s.96(4); 1980 Sch.2 paras.9,11
(4)1977 s.119(4)(b); 1978 s.96(5); 1980 Sch.2 paras.9,11
(5)1977 s.119(5); 1978 s.96(7)
151967 s.11(2); 1977 Sch.13 para.16; 1978 s.95; Official Secrets Act 1989 (c.6) Sch.1 para.1
161967 s.11(3); 1977 Sch.13 para.17,18; 1978 s.95
171977 Sch.13 para.16A; 1978 s. 95A(3); 1987 s.4(4),(5)
18Local Government (Scotland) Act 1975 (c.30) s.31(3)–(4); 1977 s.118(1)–(3); 1978 s.95A(1),(2); 1987 s.4(3),(5); Law Comm R4
191977 s.120(1), s.128(1); 1978 s.97(1), s.108(1)
20
21
221977 s.130(3),(4)
Sch. 1 para.11977 s.106(2)–(3A); 1978 s.90(2)–(3A); 1987 s.2(1),(2)
para.21977 s.108A(1)–(3); 1978 s.92A(1)–(3); 1987 s.6(2),(3)
para.31977 s.106(4), s.108A(5); 1978 s.90(5), s.92A(5); 1987 s.6(2),(3)
para.41977 s.107(1); 1978 s.91(1)
para.51977 s.107(3); 1978 s.91(3)
para.61977 s.107(5); 1978 s.91(5)
para.71977 s.107(2); 1978 s.91(2)
para.81977 s.107(4); 1978 s.91(4)
para.9(1)drafting
(2)1977 s.107(7); 1978 s.91(7)
(3)—(5)1977 s.107(6); 1978 s.91(6); Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
(6)1977 s.126(4); 1978 s.105(7)
(7)1977 s.126(1); 1978 s.105(1),(2)
para.10Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
para.111977 s.108(1); 1978 s.92(1)
para.121977 s.108(2); 1978 s.92(2)
para.131977 s.108(3); 1978 s.92(3)
para.141977 s.108(4); 1978 s.92(4)
para.151977 s.107(8), s.108A(4); 1978 s.91(8), s.92A(4); 1987 s.6(2),(3)
Sch. 2Para 2, Law Comm R1
Sch. 3