National Health Service Act 1977

118 Consultations between Commissioners and Local Commissioners. E+W+S

(1) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation—

(a) forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under Part III of the M1 Local Government Act 1974, then

(b) he shall consult about the complaint with the appropriate Local Commissioner within the meaning of Part III of that Act of 1974, and

(c) if he considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under Part III of that Act of 1974.

[F1 (1A) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under the M2 Parliamentary Commissioner Act 1967, he shall—

(a) unless he also holds office as the Parliamentary Commissioner, consult about the complaint with the Parliamentary Commissioner; and

(b) if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Parliamentary Commissioner Act 1967.

(1B) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinions that the complaint relates partly to a matter within the jurisdiction of another Health Service Commissioner (whether under this Part of this Act or under Part VI of the M3 National Health Service (Scotland) Act 1978), he shall—

(a) unless he also holds office as that other Health Service Commissioner, consult about the complaint with him; and

(b) if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint to the other Health Service Commissioner.]

(2) [F2 Where a Commissioner consults with another Commissioner in accordance with this section, the consultations may extend to] 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.

(3) Nothing in paragraph 16 of Schedule 13 to this Act applies in relation to the disclosure of information by a Commissioner or his officers in the course of consultations held in accordance with this section.

Textual Amendments

F1 S. 118(1A)(1B) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(3)(a)

F2 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(3)(c)

Marginal Citations

M1 1974 c. 7(81:1).

M2 1967 c. 13(89).

M3 1978 c. 29(113:2).