Health Service Commissioners Act 1993 (c. 46)17

1

The Health Service Commissioners Act 1993(15) is amended as follows.

2

In section 1 (the Commissioners)(16)–

a

in subsection (1)–

i

after “England,” insert “and”; and

ii

omit “, and (c) a Health Service Commissioner for Scotland”; and

b

in subsection (3) omit “and the Health Service Commissioner for Scotland”.

3

In section 2 (bodies subject to investigation)(17) omit subsection (3).

4

In section 2A (health service providers subject to investigation)(18)–

a

omit subsection (3); and

b

in subsection (4)(a) for “, (2) or (3)” substitute “or (2)”.

5

In section 2B (independent providers subject to investigation)(19)–

a

omit subsection (3);

b

in subsection (4) for “, (2)(a) or (3)(a)” substitute “or (2)(a)”; and

c

in subsection (5), for “, (2) or (3)” substitute “or (2)”.

6

In section 7(2)(a) (personnel, contracts etc)(20) omit “and, in relation to Scotland, by section 17A of the National Health Service (Scotland) Act 1978”.

7

In section 11(4) (procedure in respect of investigations)(21) omit “or the Health Service Commissioner for Scotland”.

8

In section 14 (reports by English and Scottish Commissioners)(22)–

a

in subsections (1), (2), (2A), (2B), (2C), (2D), (3) and (5), omit “or the Health Service Commissioner for Scotland”;

b

in subsections (1)(b), (2)(b), (2A)(b), (2B)(b), (2C)(b) and (2D)(b) omit “or member of the Scottish Parliament”;

c

in subsection (4)–

i

omit “and the Health Service Commissioner for Scotland”; and

ii

in paragraphs (a) and (b) omit “each” where it first occurs; and

d

in the heading omit “and Scottish”, and for “Commissioners” substitute “Commissioner”.

9

In section 18 (consultation during investigations)(23)–

a

in subsection (1)–

i

in paragraph (a) for “by either of the other Health Service Commissioners” substitute “by the other Health Service Commissioner”;

ii

in paragraph (d) for “by the Commissioner for Local Administration in Scotland under Part II of the Local Government (Scotland) Act 1975” substitute “by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002”; and

iii

after paragraph (d) omit “the” where it occurs after “appropriate Commissioner or” and where it occurs after “that Commissioner or”; and

b

in subsection (2) after “another Commissioner” insert “, the Scottish Public Services Ombudsman”.

10

In section 19 (interpretation)(24) in the definition of “the Court”, omit “in relation to Scotland, the Court of Session,”.

11

In Schedule 1 (the English and Scottish Commissioners)–

a

in the heading(25) omit “and Scottish”, and for “Commissioners” substitute “Commissioner”;

b

in paragraph A1 (introductory)(26) omit the words from “or” to the end of the paragraph;

c

in paragraph 1 (appointment of Commissioners)(27)–

i

in sub-paragraph (2)(b) omit “except in the case of the Health Service Commissioner for Scotland” and “or”; and

ii

omit sub-paragraph (2)(c);

d

in the heading to paragraph 2, for “Commissioners” substitute “Commissioner”;

e

in paragraph 2(1) (appointment of acting Commissioners)(28)–

i

for “either of the offices” substitute “the office”; and

ii

for “that” substitute “the”;

f

in paragraph 3(2) (ineligibility of certain persons for appointment)(29)–

i

after “means” omit “(a) in relation to the Health service Commissioner for England or a person appointed to act as such,”;

ii

omit “, and” at the end of head (a); and

iii

omit head (b);

g

in paragraph (3A)(2) (ineligibility of certain persons for appointment)(30)–

i

after “means” omit “(a) in relation to the Health Service Commissioner for England or a person appointed to act as such,”;

ii

omit “, and” to the end of head (a); and

iii

omit head (b);

h

in paragraph 4 (salaries)(31) omit head (b);

i

in paragraph 6(32)–

i

in sub-paragraph (1)(b) for “either or both of the offices” substitute “the office”; and

ii

omit sub-paragraph (2);

j

in paragraph 9(1) (pensions and other benefits) for “any of the offices” substitute “the office”;

k

in paragraph 12 (staff and advisers)(33) omit “the other Commissioner,”; and

l

in paragraph 14 (financial provisions) omit “except the Health Service Commissioner for Scotland”.

12

In Schedule 1A (the Welsh Commissioner)(34)–

a

in paragraph 5(3) (remuneration) for “either or both of the other offices” substitute “the other office”; and

b

in paragraph 6(5)(c) (staff and advisers) for “another” substitute “the other”.

13

In Schedule 2 (consequential amendments) omit paragraphs 5 and 6.