National Health Service Act 1977

Part II E+W+S

Matters not subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales E+W+S

19 The following matters are not subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales—

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

(2) Action taken by a Family Practitioner Committee in the exercise of its functions under the M1 National Health Service (Service Committees and Tribunal) Regulations 1974, or any instrument amending or replacing those regulations.

(3) Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act.

(4) Action taken in matters relating to contractual or other commercial transactions, other than in matters arising from arrangements between a relevant body and another body which is not a relevant body for the provision of services for patients by that other body; and in determining what matters arise from such arrangements there shall be disregarded any arrangements for the provision of services at an establishment maintained by a Minister of the Crown for patients who are mainly members of the armed forces of the Crown.

(5) Action which has been, or is, the subject of an inquiry under section 84 above.

Marginal Citations

M1 S.I. 1974/455.