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National Health Service (Scotland) Act 1978
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- UK Public General Acts
- 1978 c. 29
- Part VI
- Section 97
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Changes over time for: Section 97
Alternative versions:
- 01/02/1991- Amendment
- Stop date 05/02/1994- Amendment
Status:
This version of this provision no longer has effect.
Status
No longer has effect, generally means that this provision has been repealed.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 97 is up to date with all changes known to be in force on or before 24 January 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 97:
- 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)
97 Interpretation of Part VI.S
(1)In this Part and in Schedule 14
“action” includes failure to act, and other expressions connoting action shall be construed accordingly;
“body subject to investigation” has the meaning assigned to it by section 93(1);
“the Commissioner” means the Health Service Commissioner for Scotland;
“person aggrieved” means a person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 93(2).
(2)It is hereby declared that nothing in this Part authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a body subject to investigation in the exercise of a discretion vested in that body.
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