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Health Service Commissioners Act 1993

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Health Service Commissioners Act 1993 is up to date with all changes known to be in force on or before 04 November 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. Help about Changes to Legislation

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SCHEDULES

Section 1(3).

SCHEDULE 1E+W+S The [F1English F2...] [F3Commissioner]

Textual Amendments

F1Sch. 1: words in heading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(2) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

[F4 Introductory]E+W+S

Textual Amendments

F4Sch. 1 para A1 and crossheading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F5A1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appointment of [F6Commissioner] E+W+S

Textual Amendments

F6Word in Sch. 1 para. 1 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[F71E+W+SHer Majesty may by Letters Patent appoint a person to be the Commissioner.

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

1AE+W+SSubject to paragraphs 1C and 1D a person appointed to be the Commissioner shall hold office until the end of the period for which he is appointed.

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

1BE+W+SThat period must be not more than seven years.

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

1CE+W+SA person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request.

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

1DE+W+SA person appointed to be the Commissioner may be removed from office by Her Majesty, on the ground of misbehaviour, in consequence of Addresses from both Houses of Parliament.

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

1EE+W+SA person appointed to be the Commissioner is not eligible for re-appointment.]

Textual Amendments

F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)

Appointment of acting [F8Commissioner] E+W+S

Textual Amendments

2(1)[F9Where [F10the office]] of Commissioner becomes vacant, Her Majesty may, pending the appointment of the new Commissioner, appoint a person under this paragraph to act as [F11the] Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.E+W+S

[F12(1A)A person appointed to act as the Commissioner (“an acting Commissioner”) may have held office as the Commissioner.

(1B)A person appointed as an acting Commissioner is eligible for appointment as the Commissioner unless he has already held office as the Commissioner.]

(2)A person appointed [F13as acting Commissioner,] shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a)until the appointment of the new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first, and

(b)in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

[F14(3)A person appointed as an acting Commissioner shall, while he holds office, be treated for all purposes, except for the purposes of paragraphs 1, 4 to 10 and this paragraph, as the Commissioner.]

Textual Amendments

F9Words in Sch. 1 para. 2(1) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F12Sch. 1 para. 2(1A)(1B) inserted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(a) (with regs. 44-46)

F13Words in Sch. 1 para. 2(2) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(b) (with regs. 44-46)

F14Sch. 1 para. 2(3) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(c) (with regs. 44-46)

Modifications etc. (not altering text)

C1Sch 1. para. 2: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24

Ineligibility of certain persons for appointmentE+W+S

3(1)A person who is a member of a relevant health service body shall not be appointed [F15the Commissioner] or acting Commissioner; and a person so appointed shall not, during his appointment, become a member of such a body.E+W+S

(2)For this purpose a “relevant health service body” means—

(a)F16... a body mentioned in [F17section 2(1)] F18...

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F203A(1)A person who is a relevant family health service provider shall not be appointed [F21the Commissioner] or acting Commissioner; and a person so appointed shall not, during his appointment, become a relevant family health service provider.E+W+S

(2)For this purpose a “relevant family health service provider” means—

(a)F22... a person mentioned in [F23section 2A(1)] F24...

F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F20Sch. 1 para. 3A inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 7; S.I. 1996/970, art. 2(1)

SalariesE+W+S

4E+W+S[F26(a)] There shall be paid to the holder of the office of [F27the Commissioner] the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and any such resolution may take effect from the date on which it is passed or from such other date as may be specified in it.

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 1 para. 4: “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(c)(i); S.I. 1998/3178, art. 3

5E+W+SThe salary payable to a holder of the office of [F29the Commissioner] shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected.

Textual Amendments

6(1)Where a person holds—E+W+S

(a)the office of Parliamentary Commissioner, and

(b)[F30the office] of Health Service Commissioner,

he shall, so long as he does so, be entitled only to the salary pertaining to the office of Parliamentary Commissioner.

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 1 para. 6 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3

Pensions and other benefitsE+W+S

7E+W+SSchedule 1 to the M1Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who hold or have held office as [F32the Commissioner] as it has effect with respect to persons who hold or have held office as the Parliamentary Commissioner.

Textual Amendments

Marginal Citations

8E+W+SIn computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to the 1967 Act, there shall be disregarded—

(a)any abatement of that salary under paragraph 5,

(b)any temporary abatement of that salary in the national interest, and

(c)any voluntary surrender of that salary in whole or in part.

9(1)In this paragraph, “relevant office” means the office of Parliamentary Commissioner or [F33the office] of Health Service Commissioner.E+W+S

(2)The Treasury may by regulations provide that Schedule 1 to the Parliamentary Commissioner Act 1967 shall have effect, in relation to persons who have held more than one relevant office, with such modifications as it considers necessary in consequence of those persons having held more than one such office; and different regulations may be made in pursuance of paragraph 4 of Schedule 1 to the 1967 Act in relation to different relevant offices.

(3)A person shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of different relevant offices.

(4)Where a person has made or is treated as having made an election in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of any relevant office, he shall be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed.

(5)No account shall be taken for the purposes of Schedule 1 to the 1967 Act of a period of service in a relevant office if salary in respect of the office was not paid for that period.

(6)Regulations under this paragraph may make such incidental or supplementary provision as the Treasury considers necessary.

(7)Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 1 para. 9: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24

10E+W+SIn any case where a person makes an election under paragraph 2(1)(a) of Schedule 1 to the M2Parliamentary Commissioner Act 1967 (as substituted by Part II of Schedule 4 to the M3Judicial Pensions and Retirement Act 1993) so that Schedule 1 to the 1967 Act continues to have effect in relation to him as it did before the coming into force of Part II of Schedule 4 to the 1993 Act, this Schedule shall have effect—

(a)as if in paragraph 7 the words “hold or” (in both places) and in paragraph 9(3) and (4) the words “or 2” (in both places) were omitted, and

(b)as if for the reference in paragraph 9(2) to paragraph 4 of Schedule 1 to the 1967 Act there were substituted a reference to paragraph 8 of that Schedule.

Marginal Citations

Staff and advisersE+W+S

11(1)[F34The Commissioner] may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.E+W+S

[F35(1A)The Health Service Commissioner for England may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.]

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12E+W+SAny functions of [F37the Commissioner] under this Act may be performed by any officer of the Commissioner authorised by him for that purpose, or by any officer so authorised of F38... [F39the Parliamentary Commissioner or the Public Services Ombudsman for Wales].

Textual Amendments

[F4012A.E+W+SFor the purposes of conducting a joint investigation referred to in section 18ZA, any function of the Commissioner under this Act may be performed by any officer or member of staff of the Parliamentary Commissioner or the Commission for Local Administration in England authorised for the purpose by the Commissioner.]

Textual Amendments

13(1)To assist him in any investigation [F41the Commissioner] may obtain advice from any person who, in his opinion, is qualified to give it.E+W+S

(2)[F42The Commissioner] may pay to any such person from whom he obtains advice under this paragraph such fees or allowances as he may determine with the approval of the Treasury.

Textual Amendments

Financial provisionsE+W+S

14E+W+SThe expenses of [F43the Commissioner] F44... under this Act—

(a)shall be paid out of money provided by Parliament, and

(b)shall not exceed such amount as the Treasury may sanction.

Textual Amendments

15E+W+SAny salary, pension or other benefit payable by virtue of paragraph 2 and paragraphs 4 to 9 shall be charged on and issued out of the Consolidated Fund.

Section 1(3).

F45SCHEDULE 1AE+W+S The Welsh Commissioner

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Sch. 1A repealed (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 54, Sch. 7 (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7, Sch. 2)

Section 20.

SCHEDULE 2U.K. Consequential amendments

The Parliamentary Commissioner Act 1967 (c.13)U.K.

1U.K.In section 11A of the Parliamentary Commissioner Act 1967 (consultations between Parliamentary Commissioner and Health Service Commissioners) in subsection (1)(b) for the words “Part V of the National Health Service Act 1977” to the end there shall be substituted “ the Health Service Commissioners Act 1993. ”

2U.K.In paragraph 8 of Schedule 3 to that Act (action taken by certain health service bodies not subject to investigation by the Parliamentary Commissioner) after the words “Scottish Health Service” there shall be inserted “ by the Dental Practice Board or the Scottish Dental Practice Board ”.

The Local Government Act 1974 (c.7)E+W+S

3E+W+SIn section 29(5)(b) of the Local Government Act 1974 (restriction on disclosure of information by Health Service Commissioners in relation to investigations by Local Commissioners) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Health Service Commissioners Act 1993 ”.

4(1)Section 33 of that Act (consultation between Local Commissioners, Parliamentary Commissioner and Health Service Commissioners) shall be amended as follows.E+W+S

(2)In subsection (1) for the words “sections 109” to the end of paragraph (b) and for the words “Part V of the Act of 1977” there shall be substituted “ the Act of 1993, ”.

(3)In subsection (3)—

(a)for the words from the beginning to “Commissioner conducting the investigation” there shall be substituted—

“(3)If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner”; and

(b)the words “under the Act of 1967 or Part V of the Act of 1977, as the case may be,” shall be omitted.

(4)In subsection (4) the words “or Part V of the Act of 1977” shall be omitted.

(5)In subsection (5) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Act of 1993 ”.

(6)In subsection (6) for the words “the Act of 1977” onwards there shall be substituted “ the “Act of 1993” means the Health Service Commissioners Act 1993. ”

The Local Government (Scotland) Act 1975 (c.30)E+W+S

F745E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F756E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Hospital Complaints Procedure Act 1985 (c.42)E+W+S

7E+W+SIn section 1(2) of the Hospital Complaints Procedure Act 1985 for the words “under Part V” to “Commissioners)” there shall be substituted “ under the Health Service Commissioners Act 1993 ”.

The Parliamentary and Health Service Commissioners Act 1987 (c.39)U.K.

8U.K.In section 2(1) of the Parliamentary and Health Service Commissioners Act 1987 (removal of a Commissioner on medical grounds) for the words from the beginning to “for Scotland)” there shall be substituted “ Section 1 of the 1967 Act (which deals with the appointment and tenure of office by the Parliamentary Commissioner) ”.

Section 20.

SCHEDULE 3U.K.Repeals

ChapterShort titleExtent of repeal
1974 c. 7.The Local Government Act 1974.In section 33(3), the words “under the Act of 1967 or Part V of the Act of 1977 as the case may be”.
In section 33(4), the words “or Part V of the Act of 1977”.
1975 c. 30.The Local Government (Scotland) Act 1975.In section 31(3), the words “under the Act of 1967 or Part VI of the Act of 1978 as the case may be”.
In section 31(4), the words “or Part VI of the Act of 1978”.
1977 c. 49.The National Health Service Act 1977.Sections 106 to 120.
Section 130(3)(c).
Schedule 13.
In Schedule 14, paragraph 17.
In Schedule 15, paragraphs 60 and 61.
1978 c. 29.The National Health Service (Scotland) Act 1978.Sections 90 to 97.
Schedule 14.
In Schedule 15, paragraph 12.
1980 c. 53.The Health Services Act 1980.In Schedule 1, paragraphs 72 to 74.
In Schedule 2, paragraphs 7, 8 and 9 and sub-paragraphs (a) to (f) of paragraph 11.
1984 c. 36.The Mental Health (Scotland) Act 1984.In Schedule 3, paragraph 42.
1987 c. 39.The Parliamentary and Health Service Commissioners Act 1987.Section 2(2).
Section 4(3) to (5).
Section 5.
Section 6(2) and (3).
Section 7.
Section 8.
1988 c. 49.The Health and Medicines Act 1988.Section 12(4) and (5).
1989 c. 6.The Official Secrets Act 1989.In Schedule 1, paragraph 1(h).
1990 c. 19.The National Health Service and Community Care Act 1990.In Schedule 9, paragraphs 18(10) and (11) and 19(18).
1993 c. 8.The Judicial Pensions and Retirement Act 1993.Part III of Schedule 4.

E+W+S TABLE OF DERIVATIONS

Notes:E+W+S

1This Table shows the derivation of the provisions of the Bill.

2E+W+SThe following abbreviations are used in this Table:

1967= The Parliamentary Commissioner Act 1967 (c.13)
1977= The National Health Service Act 1977 (c.49)
1978= The National Health Service (Scotland) Act 1978 (c.29)
1980= The Health Services Act 1980 (c.53)
1987= The Parliamentary and Health Service Commissioners Act 1987 (c.39)
1990= The National Health Service and Community Care Act 1990 (c.19)

3E+W+SThe abbreviation “Law Comm R” followed by a number refers to the recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm. 2255).

4E+W+SCertain functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670 Articles 2(1),(2) and 3(5)). References to the Minister for the Civil Service in the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 are therefore reproduced in the Bill as references to the Treasury.

ProvisionDerivation
1(1)1977 s.106(1); 1978 s.90(1)
(2),(3)drafting
2(1),(2)1977 s.109, s.110; 1980 Sch.1 paras.72,73, Sch.2 para.7; Health and Medicines Act 1988 (c.49) s.12(4); 1990 s.2(1), Sch.9 para.18(10),(11); Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39) art.7(20)
(3)1978 s.93(1); Health and Medicines Act 1988 (c.49) s.12(5); 1990 Sch.9 para.19(18)
(4)drafting
(5)1977 s.109(c),(d)
(6)1977 s.126(1)
3(1)1977 s.115; 1978 s.93(2)
(2)1977 s.113(1); 1978 s.93(6)
(3)1977 s.113(2); 1978 s.93(6)
(4)1977 s.120(2); 1978 s.97(2)
4(1)1977 s.116(1); 1978 s.93(3)
(2)1977 Sch.13 para.19(5); 1978 s.93(4), Sch.14 para.6
(3)1978 s.93(4), Sch.14 para 7; Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.42; Law Comm R2
5(1)1977 Sch.13 para.19(1); 1978 s.93(4), Sch.14 para.2
(2)1977 s.128(1); 1978 s.108(1); Mental Health Act 1983 (c.20) Sch.4 para.47(d); Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.41
6(1)1977 s.116(2)(b)
(2)1978 s.93(4), Sch.14 para.1
(3)1977 Sch.13 para.19(2); 1990 s.2(1)
(4)1978 s.93(4), Sch.14 para.3
7(1)—(3)1977 Sch.13 para.19(3),(4); 1978 s.93(4), Sch.14 paras.4,5
(4)1977 s.116(3); 1978 s.93(5)
(5)1977 s.126(1); 1978 s.105(2)
81977 s.111(1); 1978 s.94(1)
91977 s.111(2), s.112, s.114(1); 1978 s.94(2)—(4)
101977 s.113(2), s.117; 1978 s.93(6), s.94(5); 1987 s.7, s.8
111967 s.7; 1977 Sch.13 paras.1-6; 1978 s.95
121967 s.8; Civil Evidence Act 1968 (c.64) s.17(1)(b); 1977 Sch.13 paras.7-11; 1978 s.95
131967 s.9; 1977 Sch.13 paras.12-14; 1978 s.95
14(1)1977 s.119(1); 1978 s.96(1); 1987 s.5(1)
(2)1977 s.119(2); 1978 s.96(3); 1987 s.5(2),(3)
(3)1977 s.119(3); 1978 s.96(4); 1980 Sch.2 paras.9,11
(4)1977 s.119(4)(b); 1978 s.96(5); 1980 Sch.2 paras.9,11
(5)1977 s.119(5); 1978 s.96(7)
151967 s.11(2); 1977 Sch.13 para.16; 1978 s.95; Official Secrets Act 1989 (c.6) Sch.1 para.1
161967 s.11(3); 1977 Sch.13 para.17,18; 1978 s.95
171977 Sch.13 para.16A; 1978 s. 95A(3); 1987 s.4(4),(5)
18Local Government (Scotland) Act 1975 (c.30) s.31(3)–(4); 1977 s.118(1)–(3); 1978 s.95A(1),(2); 1987 s.4(3),(5); Law Comm R4
191977 s.120(1), s.128(1); 1978 s.97(1), s.108(1)
20
21
221977 s.130(3),(4)
Sch. 1 para.11977 s.106(2)–(3A); 1978 s.90(2)–(3A); 1987 s.2(1),(2)
para.21977 s.108A(1)–(3); 1978 s.92A(1)–(3); 1987 s.6(2),(3)
para.31977 s.106(4), s.108A(5); 1978 s.90(5), s.92A(5); 1987 s.6(2),(3)
para.41977 s.107(1); 1978 s.91(1)
para.51977 s.107(3); 1978 s.91(3)
para.61977 s.107(5); 1978 s.91(5)
para.71977 s.107(2); 1978 s.91(2)
para.81977 s.107(4); 1978 s.91(4)
para.9(1)drafting
(2)1977 s.107(7); 1978 s.91(7)
(3)—(5)1977 s.107(6); 1978 s.91(6); Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
(6)1977 s.126(4); 1978 s.105(7)
(7)1977 s.126(1); 1978 s.105(1),(2)
para.10Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
para.111977 s.108(1); 1978 s.92(1)
para.121977 s.108(2); 1978 s.92(2)
para.131977 s.108(3); 1978 s.92(3)
para.141977 s.108(4); 1978 s.92(4)
para.151977 s.107(8), s.108A(4); 1978 s.91(8), s.92A(4); 1987 s.6(2),(3)
Sch. 2Para 2, Law Comm R1
Sch. 3

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