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National Health Service Reorganisation Act 1973

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32Salaries and pensions

(1)Subject to subsections (3) and (4) of this section, there shall be paid to the holder of the office of a Commissioner such salary as the House of Commons may by resolution from time to time determine, and any such resolution may take effect from the date on which it is passed or from another date specified in the resolution.

(2)Subject to subsections (5) and (6) of this section, Schedule 1 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) shall have effect with respect to persons who have held office as a Commissioner as it has effect with respect to persons who have held office as the Parliamentary Commissioner for Administration.

(3)The salary payable to a holder of the office of a Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected ; but any such abatement shall be disregarded in computing that salary for the purposes of the said Schedule 1.

(4)A person holding the office of Parliamentary Commissioner for Administration and one or more of the offices of Health Service Commissioner for England, Health Service Commissioner for Scotland and Health Service Commissioner for Wales shall so long as he does so be entitled only to the salary pertaining to the first-mentioned office; and a person holding two or more of those offices other than that of Parliamentary Commissioner for Administration shall so long as he does so be entitled only to the salary pertaining to such one of those offices as he selects.

(5)A person—

(a)shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 of the said Schedule 1 in respect of different offices mentioned in the preceding subsection ; and

(b)shall, if he has made or is treated as having made an election in pursuance of that paragraph in respect of such an office, be deemed to have made the same election in respect of all such other offices to which he is or is subsequently appointed;

and no account shall be taken for the purposes of that Schedule of a period of service in such an office if salary in respect of the office was not paid for that period.

(6)Subject to the preceding subsection, the Minister for the Civil Service may by regulations provide that the said Schedule 1 shall have effect, in relation to persons who have held more than one of the offices mentioned in subsection (4) of this section, with such modifications as the said Minister considers necessary in consequence of their having held more than one of those offices; and it is hereby declared that different regulations may be made in pursuance of paragraph 4 of that Schedule in relation to different offices so mentioned.

(7)Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

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