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National Health Service (Scotland) Act 1978

National Health Service (Scotland) Act 1978 s 95A

s 95A Consulting other Commissioners.

(1) Where, at any stage in the course of conducting an investigation under this Part, the Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under— (a) the Parliamentary Commissioner Act 1967; or (b) Part V of the National Health Service Act 1977, he shall, if he considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under the Parliamentary Commissioner Act 1967 or, as the case may be, Part V of the National Health Service Act 1977. (2) In the circumstances described in subsection (1), the Commissioner shall consult the Parliamentary Commissioner or the Health Service Commissioner for England or for Wales, as appropriate,about the complaint (unless he also holds office as that other Commissioner) and such consultation may extend to any matter relating to the complaint, including— (a) the conduct of any investigation into the complaint; and (b) the form, content and publication of any report of the results of such an investigation; and the application by section 95 of section 11(2) of the Parliamentary Commissioner Act 1967 shall not extend to the disclosure of informa-tion by the Commissioner or any of his officers in the course of such consultations. (3) Where the Commissioner also holds office as any of the other Commissioners mentioned in subsection (2) and a person initiates a complaint to him in his capacity as such other Commissioner which relates partly to a matter with respect to which that person has previously initiated a complaint to him under this Part, or subsequently initiates such a complaint, information obtained by him or his officers in the course of or for the purposes of the investigation under this Part may be disclosed for the purposes of his carrying out his functions as such other Commissioner in relation to that person’s complaint.

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