The Commissioner for Complaints (Northern Ireland) Order 1996 (revoked)

General [F1 health care] providers subject to investigationF3 N.I.

8.—(1) This Article applies to persons if they are—

(a) individuals undertaking to provide general medical services or general dental services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972;

(b) persons (whether individuals or bodies) undertaking to provide general ophthalmic services or pharmaceutical services under Part VI of that Order; or

(c) individuals performing personal medical services or personal dental services in accordance with arrangements made under Article 15B of that Order (except as employees of, or otherwise on behalf of, a health and [F2 social care] body or an independent provider).

(2) In this Order—

(a) references to a general [F1 health care] provider are to any person to whom this Article applies;

(b) references to general [F1 health care] are to any of the services mentioned in paragraph (1).

(3) Where a general [F1 health care] provider has undertaken to provide any general [F1 health care], the Commissioner may, subject to the provisions of this Order, investigate—

(a) any action taken by the general [F1 health care] provider in connection with the services;

(b) any action taken in connection with the services by a person employed by the general [F1 health care] provider in respect of the services;

(c) any action taken in connection with the services by a person acting on behalf of the general [F1 health care] provider in respect of the services; or

(d) any action taken in connection with the services by a person to whom the general [F1 health care] provider has delegated any functions in respect of the services.

Para. (4) rep. by 2001 c. 3 (NI)

(5) 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 the action so taken with a request to conduct an investigation into it.

(6) Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by—

(a) a general [F1 health care] provider;

(b) a person employed by a general [F1 health care] provider;

(c) a person acting on behalf of a general [F1 health care] provider; or

(d) a person to whom a general [F1 health care] provider has delegated any functions.

(7) Paragraph (6) does not apply to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.

Para. (8) rep. by 2001 c. 3 (NI)

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

F3 functions transfered by SR 1999/481