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- Point in Time (01/07/1999)
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Version Superseded: 14/01/2000
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Health Service Commissioners Act 1993, Section 2 is up to date with all changes known to be in force on or before 14 August 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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(1)The bodies subject to investigation by the Health Service Commissioner for England are—
[F1(a)Health Authorities whose areas are in England,]
(c)Special Health Authorities to which this section applies exercising functions only or mainly in England,
(d)National Health Service trusts managing a hospital, or other establishment or facility, in England,
F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the Dental Practice Board, and
(g)the Public Health Laboratory Service Board.
(2)The bodies subject to investigation by the Health Service Commissioner for Wales are—
[F3(a)Health Authorities whose areas are in Wales,]
(b)Special Health Authorities to which this section applies exercising functions only or mainly in Wales, F4. . .
(c)National Health Service trusts managing a hospital, or other establishment or facility, in Wales, F5. . . [F6and
(ca)the National Assembly for Wales (“the Assembly”).]
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The bodies subject to investigation by the Health Service Commissioner for Scotland are—
(a)Health Boards,
(b)National Health Service trusts established under section 12A of the M1National Health Service (Scotland) Act 1978,
(c)the Common Services Agency for the Scottish Health Service, F7. . .
(d)the Scottish Dental Practice Board [F8and.
(e)the Mental Welfare Commission for Scotland]
(4)References in this Act to a “health service body” are to any of the bodies mentioned above.
(5)The Special Health Authorities to which this section applies are those—
(a)established on or before 1st April 1974, or
(b)established after that date and designated F9. . . as ones to which this section applies.
[F10(6)A designation for the purposes of subsection (5)(b) shall be made—
(a)in the case of a Special Health Authority exercising functions only or mainly in Wales, by order made by the Assembly by statutory instrument, and
(b)in any other case, by Order in Council;
and a statutory instrument containing an Order in Council made by virtue of paragraph (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1S. 2(1)(a) substituted for s. 2(1)(a)(b) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 126(2)(a) (with Sch. 2 paras. 6, 16)
F2S. 2(1)(e) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8, Sch. 1 Pt. III para. 126(2)(a), Sch. 3 (with Sch. 2 paras. 6, 16)
F3S. 2(2)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(2)(b) (with Sch. 2 paras. 6, 16)
F4Word in s. 2(2)(b) repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2
F5Word in S. 2(2)(c) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8, Sch. 1 Pt. III para. 126(2)(b), Sch. 3 (with Sch. 2 paras. 6, 16)
F6S. 2(2)(ca) and the preceding “and” inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 3(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F7Word in s. 2(3)(c) repealed (1.4.1996) by 1996 c. 5, ss. 4(1), 13, Sch. 2; S.I. 1996/970, art. 2(1)
F8S. 2(3)(e) and preceding word “and” inserted (1.4.1996) by 1996 c. 5, s. 4(1); S.I. 1996/970, art. 2(1)
F9Words in s. 2(5)(b) repealed (1.7.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 3(3), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/1290, art. 4
F10S. 2(6) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 3(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
Marginal Citations
(1)The bodies subject to investigation by the Health Service Commissioner for England are—
[F11(a)Health Authorities whose areas are in England,]
(c)Special Health Authorities to which this section applies exercising functions only or mainly in England,
(d)National Health Service trusts managing a hospital, or other establishment or facility, in England,
[F12(da)Primary Care Trusts established for areas in England]
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the Dental Practice Board, and
(g)the Public Health Laboratory Service Board.
(2)The bodies subject to investigation by the Health Service Commissioner for Wales are—
[F13(a)Health Authorities whose areas are in Wales,]
(b)Special Health Authorities to which this section applies exercising functions only or mainly in Wales F14. . .,
(c)National Health Service trusts managing a hospital, or other establishment or facility, in Wales, F15. . .[F16 and
(ca)the National Assembly for Wales (“the Assembly”).]
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The bodies subject to investigation by the Health Service Commissioner for Scotland are—
(a)Health Boards,
(b)National Health Service trusts established under section 12A of the M2National Health Service (Scotland) Act 1978,
(c)the Common Services Agency for the Scottish Health Service, F17. . .
(d)the Scottish Dental Practice Board [F18and
(e)the Mental Welfare Commission for Scotland]
(4)References in this Act to a “health service body” are to any of the bodies mentioned above.
(5)The Special Health Authorities to which this section applies are those—
(a)established on or before 1st April 1974, or
(b)established after that date and designated by Order in Council as ones to which this section applies.
(6)A statutory instrument containing an Order in Council made by virtue of subsection (5)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F11S. 2(1)(a) substituted for s. 2(1)(a)(b) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 126(2)(a) (with Sch. 2 paras. 6, 16)
F12S. 2(1)(da) inserted (E.W.) (4.1.2000) by 1999 c. 8, s. 65, Sch. 4 para. 85(2)(a); S.I. 1999/2342, art. 2(3), Sch.
F13S. 2(2)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(2)(b) (with Sch. 2 paras. 6, 16)
F14Word in S. 2(2)(b) repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2
F15Word in S. 2(2)(c) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8, Sch. 1 Pt. III para. 126(2)(b), Sch. 3 (with Sch. 2 paras. 6, 16)
F16S. 2(2)(ca) and preceding word “and” inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 3(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F17Word in s. 2(3)(c) repealed (1.4.1996) by 1996 c. 5, ss. 4(1), 13, Sch. 2; S.I. 1996/970, art. 2(1)
F18S. 2(3)(e) and preceding word “and” inserted (1.4.1996) by 1996 c. 5, s. 4(1); S.I. 1996/970, art. 2(1)
Marginal Citations
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