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PART VIIThe Health Service Commissioner for Scotland

48Reports by Commissioner

(1)In any case where the Commissioner conducts an investigation under this Part of this Act, he shall send a report of the results of his investigation to—

(a)the person who made the complaint;

(b)the body subject to investigation ;

(c)any person who is alleged in the complaint to have taken or authorised the action complained of ;

(d)the Secretary of State.

(2)In any case where the Commissioner decides not to conduct an investigation under this Part of this Act, he shall send a statement of his reasons for doing so to the persons and bodies described in paragraphs (a) and (b) of subsection (1) above.

(3)If, after conducting an investigation under this Part of this Act, it appears to the Commissioner that injustice or hardship has been caused to the person aggrieved in the circumstances described in section 45(2) of this Act, and that the injustice or hardship has not been or will not be remedied, he may, if he thinks fit, make a special report to the Secretary of State who shall, as soon as is reasonably practicable, lay before each House of Parliament a copy of the report.

(4)The Commissioner shall annually make to the Secretary of State a general report on the performance of his functions under this Part of this Act, and may from time to time make to the Secretary of State such other reports with respect to those functions as the Commissioner thinks fit, and the Secretary of State shall lay a copy of any such report before each House of Parliament.

(5)For the purpose of the law of defamation, any report or statement made, sent or laid in pursuance of this section, shall be absolutely privileged.