Health Service Commissioners Act 1993

Changes to legislation:

Health Service Commissioners Act 1993, Section 11 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 11:

s. 11(1C) words inserted by 2006 c. 44 s. 15(5)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3(1F) inserted by 2006 c. 44 s. 15(2)
s. 7(2)(d) and word inserted by 2006 c. 44 s. 15(4)(b)
s. 14(2G)(2H) inserted by 2006 c. 44 s. 15(7)
s. 14(2G)(c) word inserted by 2012 c. 7 Sch. 5 para. 70(6)(a)
s. 14(2G)(e) and word omitted by 2012 c. 7 Sch. 5 para. 70(6)(b)

11 Procedure in respect of investigations.U.K.

(1)Where [F1the Commissioner] proposes to conduct an investigation pursuant to a complaint under [F2section 3(1)], he shall afford—

(a)to the health service body concerned, and

(b)to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

[F3(1A)Where [F4the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1A), he shall afford—

(a)to the family health service provider, and

(b)to any person by reference to whose action the complaint is made (if different from the family health service provider),

an opportunity to comment on any allegations contained in the complaint.

(1B)Where [F5the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1C), he shall afford—

(a)to the independent provider concerned, and

(b)to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.]

[F6(1C)Where [F7the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.]

(2)An investigation shall be conducted in private.

(3)In other respects, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case, and in particular—

(a)he may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and

(b)he may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(4)[F8The Commissioner] may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—

(a)sums in respect of expenses properly incurred by them, and

(b)allowances by way of compensation for the loss of their time.

Payments [F9made by [F10the Commissioner] F11...] under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by the Treasury F12....

(5)The conduct of an investigation [F13pursuant to a complaint under section 3(1)] shall not affect any action taken by the health service body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.

[F14(5A)The conduct of an investigation pursuant to a complaint under section 3(1A) or (1C) shall not affect any action taken by the family health service provider or independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation.]

(6)Where the person aggrieved has been removed from the United Kingdom under any order in force under the M1Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

Textual Amendments

F1Words in s. 11(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F2Words in s. 11(1) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(2); S.I. 1996/970, art. 2(1)

F3S. 11(1A)(1B) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(3); S.I. 1996/970, art. 2(1)

F4Words in s. 11(1A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F5Words in s. 11(1B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F6S. 11(1C) inserted (1.6.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 11(3); S.I. 2004/759, art. 7

F7Words in s. 11(1C) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F8Words in s. 11(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F9Words in s. 11(4) inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 9(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F10Words in s. 11(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 41(3)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F11Words in s. 11(4) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(7)