National Health Service (Scotland) Act 1978 (c. 29)

SCHEDULES

Section 93.

SCHEDULE 14 S Action not subject to investigation by the Commissioner

1 Action taken by medical practitioners, dental 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 M1 National Health Service (Scotland) Act 1947.

Marginal Citations

M1 1947 c. 27.

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 [F1 a Joint Ophthalmic Committee] in the exercise of functions under—

(a) the M2 National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or

(b)

F2 (c) any regulations F3 amending or replacing those regulations F3 , or

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

Textual Amendments

F1 Words substituted by Health Services Act 1980 (c. 53), Sch. 6 para. 9(a)

F2 Para. 3(b) repealed by Health Services Act 1980 (c. 53), Sch. 7

F3 Words repealed by Health Services Act 1980 (c. 53), Sch. 7

Marginal Citations

M2 S.I. 1974/504.

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or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.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 M3 National Health Service (Scotland) Act 1947 or section 76 of this Act.

Marginal Citations

M3 1947 c. 27.

7 Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the [F4 Mental Health (Scotland) Act 1984].

Textual Amendments

F4 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1), Sch. 3 para. 42