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4(1)The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.
(2)The Scottish Parliament must make arrangements for inquiring into whether a person whom the Parliament is considering nominating for appointment to the office of Commissioner is, or has been within the year preceding the date on which the appointment is to take effect, an individual of a kind mentioned in sub-paragraph (3).
(3)The kind of individual referred to in sub-paragraph (2) is an individual with a financial interest in (including by reason of being remunerated by)—
(a)a health care provider,
(b)a body constituted by virtue of the National Health Service (Scotland) Act 1978,
(c)a supplier or manufacturer of medicines or medical devices.
(4)An individual may not be appointed to hold the office of Commissioner if the individual—
(a)is disqualified under paragraph 5,
(b)holds or has held the office of Commissioner.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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