4Availability of other remedy
(1)A Commissioner shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had—
(a)a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative, or
(b)a remedy by way of proceedings in any court of law,
unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect that person to resort or have resorted to it.
(2)A Commissioner shall not conduct an investigation in respect of action which has been, or is, the subject of an inquiry under section 84 of the [1977 c. 49.] National Health Service Act 1977 or section 76 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (general powers to hold inquiries).
(3)A Commissioner shall not conduct an investigation in respect of action in relation to which the protective functions of the Mental Welfare Commission for Scotland have been, are being or may be exercised under the [1984 c. 36.] Mental Health (Scotland) Act 1984.