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National Health Service (Scotland) Act 1978
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- UK Public General Acts
- 1978 c. 29
- Part VI
- Section 90
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Changes over time for: Section 90
Version Superseded: 05/02/1994
Alternative versions:
- 01/02/1991- Amendment
- 31/10/1991
Point in time - Stop date 05/02/1994- Amendment
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Point in time view as at 31/10/1991. This version of this provision has been superseded.
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National Health Service (Scotland) Act 1978, Section 90 is up to date with all changes known to be in force on or before 28 December 2024. 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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90 Appointment of Commissioner and tenure of office.S
(1)For the purpose of conducting investigations in accordance with the following provisions of this Part, there shall be appointed a Commissioner, to be known as the Health Service Commissioner for Scotland.
(2)Her Majesty may, by Letters Patent, from time to time appoint a person to be the Commissioner, and any person so appointed shall, subject to [F1subsections (3) and (3A)], hold office during good behaviour.
(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of 65 years.
[F2(3A)Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons:
(a)of performing the duties of his office; and
(b)of requesting to be relieved of it.]
(4)The Commissioner shall not be a member of the House of Commons, or of the Senate or House of Commons of Northern Ireland, and accordingly the M1House of Commons Disqualification Act 1975 shall continue to have effect with the following amendments—
(a)in Part III of Schedule 1 there shall be inserted, at the appropriate point in alphabetical order, the entry “The Health Service Commissioner for Scotland"; and
(b)the like amendment shall be made in the Part substituted for the said Part III by Schedule 3 to the said Act in its application to the Senate and House of Commons of Northern Ireland.
(5)The Commissioner shall not be a member of a body subject to investigation or any management committee thereof.
Textual Amendments
F1Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(a)
F2S. 90(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(b)
Modifications etc. (not altering text)
C1Pt. VI (ss. 90–97) applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
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