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Local Government Act 1974, Section 34L is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purposes of the law of defamation the following are absolutely privileged—
(a)the publication of any matter in communications between an adult social care provider and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Part;
(b)the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Part with a person mentioned in subsection (2);
(c)the publication of any matter in preparing, making and sending a statement in accordance with section 34H;
(d)the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);
(e)the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;
(f)the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 34S.
(2)The persons mentioned in subsection (1)(b) are—
(a)a complainant or the person affected in relation to a matter;
(b)the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;
(c)the Care Quality Commission or any officer of that Commission;
(d)a local authority.]
Textual Amendments
F1Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2
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