National Health Service (Scotland) Act 1978

Section 93.

SCHEDULE 14 Action not subject to investigation by the Commissioner

1 Action taken by medical practitioners, denial practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the [1947 c. 27.] National Health Service (Scotland) Act 1947.

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

3 Action taken by a Health Board or an Executive Council in the exercise of functions under—

(a) the [S.I. 1974/504.] National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or

(b) the [S.I. 1972/828.] National Health Service (Joint Ophthalmic Services Committees) (Scotland) Regulations 1972, or

(c) any regulations or order amending or replacing those regulations or that order, or

(d) any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c).

4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.

5 Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.

6 Action which has been or is the subject of an inquiry under section 69 of the [1947 c. 27.] National Health Service (Scotland) Act 1947 or section 76 of this Act.

7 Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the [1960 c. 61.] Mental Health (Scotland) Act 1960.