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National Health Service (Scotland) Act 1978
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- UK Public General Acts
- 1978 c. 29
- Part VI
- Section 90
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Changes over time for: Section 90
Alternative versions:
- 01/02/1991- Amendment
- Stop date 05/02/1994- Amendment
Status:
This version of this provision no longer has effect.
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No longer has effect, generally means that this provision has been repealed. Take a look at the annotations at the end of the provision for further information.
Changes to legislation:
National Health Service (Scotland) Act 1978, Section 90 is up to date with all changes known to be in force on or before 07 February 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 90:
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
90 Appointment of Commissioner and tenure of office.S
(1)For the purpose of conducting investigations in accordance with the following provisions of this Part, there shall be appointed a Commissioner, to be known as the Health Service Commissioner for Scotland.
(2)Her Majesty may, by Letters Patent, from time to time appoint a person to be the Commissioner, and any person so appointed shall, subject to [F2subsections (3) and (3A)], hold office during good behaviour.
(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of 65 years.
[F3(3A)Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons:
(a)of performing the duties of his office; and
(b)of requesting to be relieved of it.]
(4)The Commissioner shall not be a member of the House of Commons, or of the Senate or House of Commons of Northern Ireland, and accordingly the M1House of Commons Disqualification Act 1975 shall continue to have effect with the following amendments—
(a)in Part III of Schedule 1 there shall be inserted, at the appropriate point in alphabetical order, the entry “The Health Service Commissioner for Scotland"; and
(b)the like amendment shall be made in the Part substituted for the said Part III by Schedule 3 to the said Act in its application to the Senate and House of Commons of Northern Ireland.
(5)The Commissioner shall not be a member of a body subject to investigation or any management committee thereof.
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