Local Government Act 1974 (c. 7)

[F1 Part 3A E+W Investigation of complaints about privately arranged or funded adult social care

Textual Amendments

F1 Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2

Statements etc. about investigations E+W

34L Law of defamation E+W

(1) For the purposes of the law of defamation the following are absolutely privileged—

(a) the publication of any matter in communications between an adult social care provider and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Part;

(b) the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Part with a person mentioned in subsection (2);

(c) the publication of any matter in preparing, making and sending a statement in accordance with section 34H;

(d) the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);

(e) the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;

(f) the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 34S.

(2) The persons mentioned in subsection (1)(b) are—

(a) a complainant or the person affected in relation to a matter;

(b) the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;

(c) the Care Quality Commission or any officer of that Commission;

(d) a local authority.]