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Health Service Commissioners Act 1993

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7 Personnel, contracts etc.E+W+S

(1)A Commissioner shall not conduct an investigation in respect of action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under the M1National Health Service Act 1977 or the M2National Health Service (Scotland) Act 1978 [F1or the M3National Health Service and Community Care Act 1990][F2or service as a member of the staff of the Assembly].

(2)A Commissioner shall not conduct an investigation in respect of action taken in matters relating to contractual or other commercial transactions, except for—

(a)matters relating to NHS contracts (as defined by section 4 of the M4National Health Service and Community Care Act 1990 and, in relation to Scotland, by section 17A of the National Health Service (Scotland) Act 1978), F3. . .

(b)matters arising from arrangements between a health service body and [F4an independent provider for the provision of services by the provider][F5and.

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

(3)In determining what matters arise from arrangements mentioned in subsection (2)(b) the Health Service Commissioners for England and for Wales shall disregard any arrangements for the provision of services at an establishment maintained by a Minister of the Crown mainly for patients who are members of the armed forces of the Crown.

[F6(3A)A Commissioner shall not conduct an investigation in pursuance of a complaint if—

(a)the complaint is in respect of action taken in any matter relating to arrangements made by a health service body and a family health service provider for the provision of family health services,

(b)the action is taken by or on behalf of the body or by the provider, and

(c)the complaint is made by the provider or the body.]

[F7(3B)Nothing in the preceding provisions of this section prevents a Commissioner conducting an investigation in respect of action taken by a health service body in operating a procedure established to examine complaints.]

(4)Her Majesty may by Order in Council amend this section so as to permit the investigation by a Commissioner of any of the matters mentioned in subsection (1) or (2).

(5)A statutory instrument containing an Order in Council made by virtue of subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F1Words in s. 7(1) inserted (1.4.1996) by 1996 c. 5, s. 8(2); S.I. 1996/970, art. 2(1)

F2Words in s. 7(1) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 6 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F4Words in s. 7(2)(b) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(3); S.I. 1996/970, art. 2(1)

F5S. 7(2)(c) and preceding word “and” inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(4); S.I. 1996/970, art. 2(1)

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