Independent providers of health and [social care] subject to investigationN.I.
8A.—(1) This Article applies to persons if—
(a)they are persons (whether individuals or bodies) providing services (of any kind) under arrangements with health and [social care] bodies or general [health care] providers; and
(b)they are not themselves health and [social care] bodies or general [health care] providers.
(2) In this Order references to an independent provider are to any person to whom this Article applies.
(3) Where an independent provider has made an arrangement with a health and [social care] body or a general [health care] provider to provide a service, the Commissioner may, subject to the provisions of this Order, investigate any action taken in relation to the service by—
(a)the independent provider;
(b)a person employed by the independent provider;
(c)a person acting on behalf of the independent provider; or
(d)a person to whom the independent provider has delegated any functions.
(4) The Commissioner may investigate any action taken as mentioned in paragraph (3) only if a complaint is made to the Commissioner in accordance with this Order by a person who claims to have sustained injustice in consequence of maladministration in connection with the action so taken with a request to conduct an investigation into it.
(5) Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by—
(a)an independent provider;
(b)a person employed by an independent provider;
(c)a person acting on behalf of an independent provider; or
(d)a person to whom an independent provider has delegated any functions.
(6) Paragraph (5) does not apply to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.