[F126DMatters coming to attention of Local CommissionerE+W
(1)This section applies to a matter which has come to the attention of a Local Commissioner if—
(a)the matter came to his attention during the course of an investigation under this Part [F2or Part 3A] of this Act,
(b)(subject to subsection (3)) the matter came to his attention—
(i)before the person affected or his personal representatives had notice of the matter, or
(ii)in any other case, before the end of the permitted period, and
(c)it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
(2)In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
(a)the day on which the person affected first had notice of the matter, or
(b)if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.
(3)A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.]
Textual Amendments
F1Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))
F2Words in s. 26D(1)(a) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 7; S.I. 2010/1863, art. 2