National Health Service (Scotland) Act 1978

96 Reports by Commissioner. S

(1) In any case where the Commissioner conducts an investigation under this Part, he shall send a report of the results of his investigation to—

(a) the person who made the complaint;

[F1 (aa) to any member of the House of Commons who, to the Commissioner’s knowledge, assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),]

(b) the body subject to investigation;

(c) any person who is alleged in the complaint to have taken or authorised the action complained of;

(d) F2 , the Secretary of State.

(2)

F3 (3) In any case where the Commissioner decides not to conduct an investigation under this Part, he shall send a statement of his reasons for doing so to the persons and bodies described in paragraphs (a) [F4 to] (b) of subsection (1).

(4) If, after an investigation under this Part has been conducted by the Commissioner or an officer authorised by him, it appears to the Commissioner that injustice or hardship has been caused to the person aggrieved in the circumstances described in section 93(2), and that the injustice or hardship has not been or will not be remedied, he may, if he thinks fit—

(a)

F5 (b) F2 , make a special report to the Secretary of State who shall, as soon as is reasonably practicable, lay a copy of the report before each House of Parliament.

(5) The Commissioner shall annually make to the Secretary of State a general report on the performance of his functions under this Part F2 , and may from time to time make to the Secretary of State such other reports with respect to those functions as the Commissioner thinks fit; and the Secretary of State shall lay a copy of any such report before each House of Parliament.

(6) The Commissioner F2 may from time to time lay before each House of Parliament such F2 reports with respect to his F2 functions under this Part as he thinks fit.

(7) For the purpose of the law of defamation, any report or statement made, sent or laid in pursuance of this section, shall be absolutely privileged.

Textual Amendments

F1 S. 96(1)(aa) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 5(1)

F2 Words repealed by Health Services Act 1980 (c. 53), Sch. 7

F3 Ss. 16(3), 20(2), 51, 52, 59–63, 65–68, 96(2), Sch. 16 paras. 25, 43 repealed by Health Services Act 1980 (c. 53), Sch. 7

F4 Word substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 5(3)

F5 S. 96(4)(a) repealed by Health Services Act 1980 (c. 53), Sch. 7

Modifications etc. (not altering text)

C1 Pt. VI (ss. 90–97) applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I