HC Deb 13 October 1976 vol 917 cc554-5

29. Part VII of the National Health Service (Scotland) Act 1972 (the Health Service Commissioner for Scotland) shall have effect subject to the following provisions of this Part of this Schedule.

30.—(1) In section 45(1) of the said Act of 1972 (definition of "body subject to investigation"), after paragraph (e) add— (f) the Scottish Committee of the Health Services Board.

(2) In section 48 of that Act (reports by Commissioner), after subsection (5) add— (6) In the case of the Scottish Committee of the Health Services Board, the preceding provisions of this section have effect subject to paragraphs 31 and 32 of Schedule 1 to the Health Services Act 1976".

31. Section 48 (reports by Commissioner of the said Act of 1972 shall have effect subject to the following modifications, that is to say—

  1. (a) in relation to an investigation conducted under the said Part VII in respect of the Scottish Committee—
    1. (i) paragraph (d) of subsection (1) (report to be sent to Secretary of State) shall not apply, but the Health Commissioner for Scotland may, if he thinks fit, publish his report under that subsection; and
    2. (ii) subsection (3) (special report) shall have effect with the substitution for the words from "make a special report to the Secretary of State" to the end of the subsection of the words "lay before each House of Parliament a special report";
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  2. (b) without prejudice to paragraph 32 below, the references in subsection (4) (annual and other reports to Secretary of State) to the Commissioner's functions, under the said Part VII shall not include his functions there-under in respect of the Scottish Committee;
  3. (c) subsection (5) (privilege) shall have effect as if paragraph 32 below were contained in the said section 48.

32. The Health Service Commissioner for Scotland shall annually lay before each House of Parliament a general report on the performance of his functions under the said Part VII in respect of the Scottish Committee, and may from time to time lay before each House of Parliament such other reports with respect to his said functions under that Part as he thinks fit.'.—[Mr. Ennals.]

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