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Scottish Public Services Ombudsman Act 2002

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7(1)Action taken in matters relating to contractual or other commercial transactions of a listed authority.

(2)The action referred to in sub-paragraph (1) does not include any action taken by or on behalf of a health service body, a family health service provider or an independent provider in matters—

(a)relating to NHS contracts (as defined by section 17A of the National Health Service (Scotland) Act 1978 (c. 29)),

(b)arising from arrangements between a health service body and an independent provider for the provision of services by the provider,

(c)arising from arrangements between a family health service provider and an independent provider for the provision of services by the independent provider.

(3)The transactions referred to in sub-paragraph (1) include, in particular, transactions relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets.

(4)The transactions referred to in sub-paragraph (1) do not include—

(a)any transaction relating to the acquisition or disposal of land,

(b)any transaction (not being a transaction mentioned in sub-paragraph (3)) in the discharge of functions exercisable under any public general Act, other than a transaction required for the procurement of the goods or services necessary to discharge those functions.

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