Investigations by the Commissioner
Independent providers of health and F1social care subject to investigation8A
1
This Article applies to persons if—
a
2
In this Order references to an independent provider are to any person to whom this Article applies.
3
Where an independent provider has made an arrangement with a health and F1social care body or a general F2health care provider to provide a service, the Commissioner may, subject to the provisions of this Order, investigate any action taken in relation to the service by—
a
the independent provider;
b
a person employed by the independent provider;
c
a person acting on behalf of the independent provider; or
d
a person to whom the independent provider has delegated any functions.
4
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 maladministration in connection with the action so taken with a request to conduct an investigation into it.
5
Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by—
a
an independent provider;
b
a person employed by an independent provider;
c
a person acting on behalf of an independent provider; or
d
a person to whom an independent provider has delegated any functions.
6
Paragraph (5) does not apply to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.