National Health Service Reorganisation Act 1973

Sections 34, 38 and 39.

SCHEDULE 3 Matters not subject to investigation by health service commissioners

1 Action taken in connection with the diagnosis of illness or the care or treatment of a patient, being action which, in the opinion of the Commissioner in question, was taken solely in consequence of the exercise of clinical judgment, whether formed by the person taking the action or by any other person.

2 Action taken by an Executive Council or a Family Practitioner Committee in the exercise of its functions under the [S.I. 1956 No. 1077.] National Health Service (Service Committees and Tribunal) Regulations 1956 or any instrument amending or replacing those regulations.

3 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under the Health Service Acts.

4 Action taken in matters relating to contractual or other commercial transactions, other than in matters arising from arrangements between a relevant body and another body which is not a relevant body for the provision of services for patients by that other body; and in determining what matters arise from such arrangements any arrangements for the provision of services at an establishment maintained by a Minister of the Crown for patients who are mainly members of the armed forces of the Crown shall be disregarded.

5 Action which has been or is the subject of an inquiry under section 70 of the principal Act.