Investigations by the Commissioner N.I.

Independent providers of health and [F1 social care] subject to investigationF3 N.I.

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

(a) they are persons (whether individuals or bodies) providing services (of any kind) under arrangements with health and [F1 social care] bodies or general [F2 health care] providers; and

(b) they are not themselves health and [F1 social care] bodies or general [F2 health care] providers.

(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 [F1 social care] body or a general [F2 health 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.

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)(a) (with Sch. 6 para. 1(2)(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)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F3 functions transfered by SR 1999/481