Search Legislation

Advanced Search

Health Service Commissioners Act 1993

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 26/05/2015.

Changes to legislation:

Health Service Commissioners Act 1993 is up to date with all changes known to be in force on or before 09 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Health Service [F1Commissioner] U.K.

Textual Amendments

1[F2The Commissioner].E+W+S

(1)For the purpose of conducting investigations in accordance with this Act, there shall continue to be—

(a)a Health Service Commissioner for England [F3and]

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)References in this Act to [F6the Commissioner] (or Health Service Commissioner) are, unless the context otherwise requires, to [F7the Health Service Commissioner for England].

(3)Schedule 1 has effect with respect to the appointment and remuneration of, and other administrative matters relating to, the Health Service Commissioner F8....

Textual Amendments

Health service bodies subject to investigationE+W+S

2 The bodies subject to investigation.E+W+S

(1)The bodies subject to investigation by [F9the Commissioner] are—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)Special Health Authorities to which this section applies [F11not exercising functions only or mainly in Wales],

(d)National Health Service trusts managing a hospital, or other establishment or facility, in England,

F12(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(db)NHS foundation trusts,]

[F14(dc)the National Health Service Commissioning Board,

(dd)clinical commissioning groups.]

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)References in this Act to a “health service body” are to any of the bodies mentioned above.

(5)The Special Health Authorities to which this section applies are those—

(a)established on or before 1st April 1974, or

(b)established after that date and designated by Order in Council as ones to which this section applies.

[F19(6)A designation made for the purposes of subsection (5)(b) shall be made by Order in Council; and a statutory instrument containing an Order in Council made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Modifications etc. (not altering text)

[F20 Persons subject to investigation]E+W+S

Textual Amendments

F20Ss. 2A, 2B and crossheading inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

[F212AHealth service providers subject to investigation.E+W+S

(1)Persons are subject to investigation by [F22the Commissioner] [F23if they are [F24or were at the time of the action complained of]—

(a)persons (whether individuals or bodies) providing services under a contract entered into by them with [F25the National Health Service Commissioning Board] under [F26section 84 [F27, 100 or 117] of the National Health Service Act 2006]

(b)persons (whether individuals or bodies) undertaking to provide in England F28... pharmaceutical services under F29... that Act; [F30or]

(c)individuals performing in England [F31primary] medical services or [F31primary] dental services in accordance with arrangements made under [F32section 92 or 107] of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)]

[F33or

(d)

individuals providing in England local pharmaceutical services in accordance with arrangements made under a pilot scheme established under [F34section 134 of the National Health Service Act 2006] (except as employees of, or otherwise on behalf of, a health service body or an independent provider).]

F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this Act—

(a)references to a family health service provider are to any person mentioned in [F37subsection (1)];

(b)references to family health services are to any of the services so mentioned.]

Textual Amendments

F21S. 2A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

F23S. 2A(1)(a)(b)(c) and words in s. 2A(1) substituted for words in s. 2A(1) (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(2); S.I. 1998/631, art. 2(1)(b), Sch. 2

F24Words in s. 2A(1) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(2)(a), 4(2) (with s. 3)

F27Words in s. 2A(1)(a) substituted (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 33(a); S.I. 2008/1972, art. 2(b)

F28Words in s. 2A(1)(b) repealed (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 33(b), Sch. 9; S.I. 2008/1972, art. 2(b)

F30Word in s. 2A(1)(b) repealed (E.) (12.12.2002) by S.I. 2002/2861, art. 26(a)

F33S. 2A(1)(d) and the word preceding it inserted (E.) (12.12.2002) by S.I. 2002/2861, art. 26(b)

Modifications etc. (not altering text)

2B Independent providers subject to investigation.E+W+S

(1)Persons are subject to investigation by [F38the Commissioner] if—

(a)they are [F39or were at the time of the action complained of] persons (whether individuals or bodies) providing services in England under arrangements with health service bodies or family health service providers, and

(b)they are not [F40or were not at the time of the action complained of] themselves health service bodies or family health service providers.

[F41(1A)Persons are subject to investigation by the Commissioner if—

(a)they are, or were at the time of the action complained of, providing direct payment services, and

(b)they are not, or were not at the time of the action complained of, health service bodies.]

F42(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The services provided under arrangements mentioned in [F44subsection (1)(a)] may be services of any kind.

(5)In this Act references to an independent provider are to any person providing services as mentioned in subsection (1) [F45or (1A)].

Textual Amendments

F39Words in s. 2B(1)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(a), 4(2) (with s. 3)

F40Words in s. 2B(1)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(b), 4(2) (with s. 3)

Matters subject to investigationE+W+S

3 General remit of [F46Commissioner].E+W+S

(1)On a complaint duly made to [F47the Commissioner] by or on behalf of a person that he has sustained injustice or hardship in consequence of—

(a)a failure in a service provided by a health service body,

(b)a failure of such a body to provide a service which it was a function of the body to provide, or

(c)maladministration connected with any other action taken by or on behalf of such a body,

the Commissioner may, subject to the provisions of this Act, investigate the alleged failure or other action.

F48(1YA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(1ZA)Any failure or maladministration mentioned in subsection (1) may arise from action of—

(a)the health service body,

(b)a person employed by that body,

(c)a person acting on behalf of that body, or

(d)a person to whom that body has delegated any functions.]

[F50(1A)Where a family health service provider has undertaken to provide any family health services and a complaint is duly made to [F51the Commissioner] by or on behalf of a person that he has sustained injustice or hardship in consequence of—

(a)action taken by the family health service provider in connection with the services,

(b)action taken in connection with the services by a person employed by the family health service provider in respect of the services,

(c)action taken in connection with the services by a person acting on behalf of the family health service provider in respect of the services, or

(d)action taken in connection with the services by a person to whom the family health service provider has delegated any functions in respect of the services,

the Commissioner may, subject to the provisions of this Act, investigate the alleged action.

F52(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)Where an independent provider has made an arrangement with a health service body or a family health service provider to provide a service (of whatever kind) [F53, or has undertaken to provide direct payment services,] and a complaint is duly made to [F54the Commissioner] by or on behalf of a person that he has sustained injustice or hardship in consequence of—

(a)a failure in the service provided by the independent provider,

(b)a failure of the independent provider to provide the service, or

(c)maladministration connected with any other action taken in relation to the service,

the Commissioner may, subject to the provisions of this Act, investigate the alleged failure or other action.

(1D)Any failure or maladministration mentioned in subsection (1C) may arise from action of—

(a)the independent provider,

(b)a person employed by the provider,

(c)a person acting on behalf of the provider, or

(d)a person to whom the provider has delegated any functions.]

[F55(1E)Where a complaint is duly made to [F56the Commissioner] by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.]

(2)In determining whether to initiate, continue or discontinue an investigation under this Act, [F57the Commissioner ] shall act in accordance with his own discretion.

(3)Any question whether a complaint is duly made to [F58the Commissioner] shall be determined by him.

(4)Nothing in this Act authorises or requires [F59the Commissioner] to question the merits of a decision taken without maladministration by a health service body in the exercise of a discretion vested in that body.

[F60(5)Nothing in this Act authorises or requires [F61the Commissioner] to question the merits of a decision taken without maladministration by—

(a)a family health service provider,

(b)a person employed by a family health service provider,

(c)a person acting on behalf of a family health service provider, or

(d)a person to whom a family health service provider has delegated any functions.

(6)Nothing in this Act authorises or requires [F62the 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.]

[F63(7)Subsections (4) to (6) do not apply to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.]

Textual Amendments

F49S. 3(1ZA) inserted (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(5); S.I. 1998/631, art. 2(1)(b), Sch. 2

F50S. 3(1A)-(1D) inserted (1.4.1996 with effect as mentioned in art. 2(2) of S.I. 1996/970) by 1996 c. 5, s. 2(2); S.I. 1996/970, art. 2(1)(2)

F52S. 3(1B) repealed (1.10.1999 for E. and S. and 1.4.2000 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 85(3), Sch. 5; S.I. 1999/2540, art. 2, Sch. 1; S.I. 1999/90, art. 2(b), Sch. 2; S.I. 2000/1041, art. 2(d), Sch.

F53Words in s. 3(1C) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(4), 40(1); S.I. 2010/30, art. 2(b)

F60S. 3(5)(6) inserted (1.4.1996) by 1996 c. 5, s. 2(3); S.I. 1996/970, art. 2(1)

F63S. 3(7) inserted (1.4.1996) by 1996 c. 5, s. 6(2); S.I. 1996/970, art. 2(1)

Matters excluded from investigationE+W+S

4 Availability of other remedy.E+W+S

(1)[F64The Commissioner] shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had—

(a)a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative, or

(b)a remedy by way of proceedings in any court of law,

unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect that person to resort or have resorted to it.

(2)[F64The Commissioner] shall not conduct an investigation in respect of action which has been, or is, the subject of an inquiry under section 84 of the M1National Health Service Act 1977 or section 76 of the M2National Health Service (Scotland) Act 1978 (general powers to hold inquiries).

(3)A Commissioner shall not conduct an investigation in respect of action [F65by a health service body other than the Mental Welfare Commission for Scotland if it is action] in relation to which the protective functions of the Mental Welfare Commission for Scotland have been, are being or may be exercised under the M3Mental Health (Scotland) Act 1984.

[F66(4)Subsection (5) applies where—

(a)action by reference to which a complaint is made under section 3(1), (1A) or (1C) is action by reference to which a complaint can be made [F67under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or] under a procedure operated by a health service body, a family health service provider or an independent provider, and

(b)subsection (1), (2) or (3) does not apply as regards the action.

(5)In such a case [F68the Commissioner] shall not conduct an investigation in respect of the action unless he is satisfied that—

(a)the other procedure has been invoked and exhausted, or

(b)in the particular circumstances it is not reasonable to expect that procedure to be invoked or (as the case may be) exhausted.

(6)Section 1(2) of the M4Hospital Complaints Procedure Act 1985 (which provides that no right of appeal etc. conferred under section 1 of that Act is to preclude an investigation under this Act) shall have effect subject to subsection (5) above.]

Textual Amendments

F65Words in S. 4(3) inserted (1.4.1996 with application as mentioned in art. 2(2) of S.I. 1996/970) by 1996 c. 5, s. 4(2); S.I. 1996/970, art. 2(1)

F66S. 4(4)-(6) inserted (1.4.1996) by 1996 c. 5, s. 5; S.I. 1996/970, art. 2(1)

Marginal Citations

F695. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F69S. 5 repealed (1.4.1996 with application as mentioned in art. 2(2) of S.I. 1996/970) by 1996 c. 5, ss. 6(1), 13, Sch. 2; S.I. 1996/970, art. 2(1)

6 General health services and service committees.E+W+S

F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F71The Commissioner] shall not conduct an investigation in respect of action taken by a Primary Care Trust F72... in the exercise of its functions under the M5National Health Service (Service Committees and Tribunal) Regulations 1992, or any instrument amending or replacing those regulations.

(4)A Commissioner shall not conduct an investigation in respect of action taken by a Health Board in the exercise of its functions under the M6National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992, or any instrument amending or replacing those regulations.

[F73(5)[F71The Commissioner] shall not conduct an investigation in respect of action taken by a Primary Care Trust F72... in the exercise of its functions under regulations made under section F74... [F75126 or 129 of the National Health Service Act 2006] by virtue of section 17 of the M7Health and Medicines Act 1988 (investigations of matters relating to services).

(6)A Commissioner shall not conduct an investigation in respect of action taken by a Health Board in the exercise of its functions under regulations made under section 19, 25(2), 26(2) or 27(2) of the M8National Health Service (Scotland) Act 1978 by virtue of section 17 of the M9Health and Medicines Act 1988.]

Textual Amendments

F70S. 6(1)(2) repealed (1.4.1996) by 1996 c. 5, ss. 7(2), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F73S. 6(5)(6) inserted (1.4.1996) by 1996 c. 5, s. 7(3); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

Marginal Citations

7 Personnel, contracts etc.E+W+S

(1)[F76The Commissioner] shall not conduct an investigation in respect of action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under [F77the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] F78....

(2)[F79The Commissioner] shall not conduct an investigation in respect of action taken in matters relating to contractual or other commercial transactions, except for—

(a)matters relating to NHS contracts (as defined by [F80section 9 of the National Health Service Act 2006] F81...), F82...

[F83(aa)matters arising from arrangements for the provision of direct payment services,]

(b)matters arising from arrangements between a health service body and [F84an independent provider for the provision of services by the provider] [F85and

(c)matters arising from arrangements between a family health service provider and an independent provider for the provision of services by the independent provider.]

(3)In determining what matters arise from arrangements mentioned in subsection (2)(b) [F86the Commissioner] shall disregard any arrangements for the provision of services at an establishment maintained by a Minister of the Crown mainly for patients who are members of the armed forces of the Crown.

[F87(3A)[F88The Commissioner] shall not conduct an investigation in pursuance of a complaint if—

(a)the complaint is in respect of action taken in any matter relating to arrangements made by a health service body and a family health service provider for the provision of family health services,

(b)the action is taken by or on behalf of the body or by the provider, and

(c)the complaint is made by the provider or the body.]

[F89(3B)Nothing in the preceding provisions of this section prevents [F90the Commissioner] conducting an investigation in respect of action taken by a health service body in operating a procedure established to examine complaints.]

(4)Her Majesty may by Order in Council amend this section so as to permit the investigation by [F91the Commissioner] of any of the matters mentioned in subsection (1) or (2).

(5)A statutory instrument containing an Order in Council made by virtue of subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F82Word in s. 7(2)(a) repealed (1.4.1996) by 1996 c. 5, ss. 3, 13, Sch. 1 para. 2(2), Sch. 2; S.I. 1996/970, art. 2(1)

F83S. 7(2)(aa) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(5), 40(1); S.I. 2010/30, art. 2(b)

F84Words in s. 7(2)(b) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(3); S.I. 1996/970, art. 2(1)

F85S. 7(2)(c) and preceding word “and” inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(4); S.I. 1996/970, art. 2(1)

F87S. 7(3A) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(5); S.I. 1996/970, art. 2(1)

F89S. 7(3B) inserted (1.4.1996) by 1996 c. 5, s. 8(3); S.I. 1996/970, art. 2(1)

[F927A Certain functions of Mental Welfare Commission for Scotland.E+W+S

A Commissioner shall not conduct an investigation in respect of action taken by the Mental Welfare Commission for Scotland under section 33 (orders for discharge of hospital patients) [F93or], 35I (revocation of community care orders) [F94or 50 (orders discharging patients from guardianship)] of the M10Mental Health (Scotland) Act 1984 [F93or section 73 of the Adults with Incapacity (Scotland) Act 2000].]

Textual Amendments

F92S. 7A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 4(3); S.I. 1996/970, art. 2(1)

F93Words in s. 7A inserted (S.)(1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 24; S.S.I. 2001/81, art. 3, Sch. 2

F94Words in s. 7A repealed (S.)(1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 24; S.S.I. 2001/81, art. 3 Sch. 2

Marginal Citations

ComplaintsE+W+S

8 Individuals and bodies entitled to complain.E+W+S

(1)A complaint under this Act may be made by an individual or a body of persons, whether incorporated or not, other than a public authority.

(2)In subsection (1), “public authority” means—

(a)a local authority or other authority or body constituted for the purposes of the public service or of local government [F95(including the Assembly)],

(b)an authority or body constituted for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking, and

(c)any other authority or body—

(i)whose members are appointed by Her Majesty or any Minister of the Crown or government department [F96or by the Assembly], or

(ii)whose revenues consist wholly or mainly of money provided by Parliament [F97or out of the Scottish Consolidated Fund][F96or the Assembly].

Textual Amendments

F95Words in s. 8(2)(a) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 7(a) (with ss. 139(2), 14314.(2)); S.I. 1999/782, art. 2

F96Words in s. 8(2)(c)(i)(ii) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 7(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F97Words in s. 8(2)(c) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(2); S.I. 1998/3178, art. 3

9 Requirements to be complied with.E+W+S

(1)The following requirements apply in relation to a complaint made to [F98the Commissioner].

(2)A complaint must be made in writing.

(3)The complaint shall not be entertained unless it is made—

(a)by the person aggrieved, or

(b)where the person by whom a complaint might have been made has died or is for any reason unable to act for himself, by—

(i)his personal representative,

(ii)a member of his family, or

(iii)some body or individual suitable to represent him.

(4)The Commissioner shall not entertain the complaint if it is made more than a year after the day on which the person aggrieved first had notice of the matters alleged in the complaint, unless he considers it reasonable to do so.

[F99(4A)In the case of a complaint against a person who is no longer of a description set out in [F100section 2A(1)], but was of such a description at the time of the action complained of, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was a family health service provider.

(4B)In the case of a complaint against a person falling within [F101section 2B(1)] in relation to whom there are no longer any such arrangements as are mentioned there, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was an independent provider.]

F102(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99S. 9(4A)(4B) inserted (23.2.2001) by 2000 c. 28, ss. 2, 4(2) (with s. 3)

F102S. 9(5) repealed (1.4.1996) by 1996 c. 5, ss. 9(a), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F103S. 9(6) repealed (1.4.1996) by 1996 c. 5, ss. 9(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

10 Referral of complaint by health service body.E+W+S

(1)A health service body may itself refer to [F104the Commissioner] a complaint made to that body that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 3(1).

(2)A complaint may not be so referred unless it was made—

(a)in writing,

(b)by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and

(c)not more than a year after the person aggrieved first had notice of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.

F105(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A health service body may not refer a complaint under this section after the period of one year beginning with the day on which the body received the complaint.

(4)Any question whether a complaint has been duly referred to [F104the Commissioner] under this section shall be determined by him.

(5)A complaint referred to [F104the Commissioner] under this section shall be deemed to be duly made to him.

Textual Amendments

InvestigationsU.K.

11 Procedure in respect of investigations.U.K.

(1)Where [F106the Commissioner] proposes to conduct an investigation pursuant to a complaint under [F107section 3(1)], he shall afford—

(a)to the health service body concerned, and

(b)to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

[F108(1A)Where [F109the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1A), he shall afford—

(a)to the family health service provider, and

(b)to any person by reference to whose action the complaint is made (if different from the family health service provider),

an opportunity to comment on any allegations contained in the complaint.

(1B)Where [F110the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1C), he shall afford—

(a)to the independent provider concerned, and

(b)to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.]

[F111(1C)Where [F112the Commissioner] proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.]

(2)An investigation shall be conducted in private.

(3)In other respects, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case, and in particular—

(a)he may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and

(b)he may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(4)[F113The Commissioner] may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—

(a)sums in respect of expenses properly incurred by them, and

(b)allowances by way of compensation for the loss of their time.

Payments [F114made by [F115the Commissioner] F116...] under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by the Treasury F117....

(5)The conduct of an investigation [F118pursuant to a complaint under section 3(1)] shall not affect any action taken by the health service body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.

[F119(5A)The conduct of an investigation pursuant to a complaint under section 3(1A) or (1C) shall not affect any action taken by the family health service provider or independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation.]

(6)Where the person aggrieved has been removed from the United Kingdom under any order in force under the M11Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

Textual Amendments

F107Words in s. 11(1) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(2); S.I. 1996/970, art. 2(1)

F108S. 11(1A)(1B) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(3); S.I. 1996/970, art. 2(1)

F114Words in s. 11(4) inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 9(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F118Words in s. 11(5) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(4); S.I. 1996/970, art. 2(1)

F119S. 11(5A) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 3(5); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

C6S. 11(1)(a)(5) modified (1.4.1996) by 1996/709, art. 9(3)(a)(i)(ii)

Marginal Citations

12 Evidence.U.K.

(1)For the purposes of an investigation pursuant to a complaint under section 3(1) [F120the Commissioner] may require any officer or member of the health service body concerned or any other person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.

[F121(1A)For the purposes of an investigation pursuant to a complaint under section 3(1A) (1C) or (1E) [F122the Commissioner] may require any person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.]

(2)For the purposes of an investigation [F123the Commissioner] shall have the same powers as the Court in respect of—

(a)the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b)the production of documents.

(3)No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation.

(4)The Crown shall not be entitled in relation to an investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5)No person shall be required or authorised by this Act—

(a)to supply any information or answer any question relating to proceedings of the Cabinet or of any Committee of the Cabinet, or

(b)to produce so much of any document as relates to such proceedings;

and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document relates to such proceedings shall be conclusive.

(6)Subject to subsections (3) and (4), no person shall be compelled for the purposes of an investigation to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Court.

Textual Amendments

F121S. 12(1A) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 4(3); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

C7S. 12(1) applied with modifications (1.4.1996) by S.I. 1996/709, art. 9(3)(b)

13 Obstruction and contempt.U.K.

(1)[F124The Commissioner] may certify an offence to the Court where—

(a)a person without lawful excuse obstructs him or any of his officers in the performance of his functions, or

(b)a person is guilty of any act or omission in relation to an investigation which, if that investigation were a proceeding in the Court, would constitute contempt of court.

(2)Where an offence is so certified the Court may inquire into the matter and after hearing—

(a)any witnesses who may be produced against or on behalf of the person charged with the offence, and

(b)any statement that may be offered in defence,

the Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the like offence in relation to the Court.

(3)Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in section 11(5).

Textual Amendments

ReportsU.K.

14 [F125Reports by the Commissioner].U.K.

(1)[F126In any case where [F127the Commissioner] F128... conducts an investigation pursuant to a complaint under section 3(1) he shall send a report of the results of the investigation]—

(a)to the person who made the complaint,

(b)to any member of the House of Commons F129... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)to the health service body who at the time the report is made provides the service, or has the function, in relation to which the complaint was made, [F130and]

(d)to any person who is alleged in the complaint to have taken or authorised the action complained of, F131...

F131(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In any case where [F132the Commissioner] F133... decides not to conduct an investigation [F134pursuant to a complaint under section 3(1)] he shall send a statement of his reasons—

(a)to the person who made the complaint, [F135and]

(b)to any such member of the House of Commons F136... as is mentioned in subsection (1)(b), F137. . .

F138(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F139(2A)In any case where [F140the Commissioner] F141... conducts an investigation pursuant to a complaint under section 3(1A) he shall send a report of the results of the investigation—

(a)to the person who made the complaint,

(b)to any member of the House of Commons F142... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)to any person by reference to whose action the complaint is made,

(d)to the family health service provider (if he does not fall within paragraph (c)), [F143and]

(e)to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, F144...

F144(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)In any case where [F145the Commissioner] F146... decides not to conduct an investigation pursuant to a complaint under section 3(1A) he shall send a statement of his reasons—

(a)to the person who made the complaint, and

(b)to any such member of the House of Commons F147... as is mentioned in subsection (2A)(b).

(2C)In any case where [F148the Commissioner] F149... conducts an investigation pursuant to a complaint under section 3(1C) he shall send a report of the results of the investigation—

(a)to the person who made the complaint,

(b)to any member of the House of Commons F150... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)to any person who is alleged in the complaint to have taken or authorised the action complained of,

(d)to the independent provider, [F151and]

(e)to the health service body or family health service provider with whom the independent provider [F152(in a case within section 2B(1))] made the arrangement to provide the service concerned, F153...

F153(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)In any case where [F154the Commissioner] F155... decides not to conduct an investigation pursuant to a complaint under section 3(1C) he shall send a statement of his reasons—

(a)to the person who made the complaint, and

(b)to any such member of the House of Commons F156...as is mentioned in subsection (2C)(b).]

[F157(2E)In any case where [F158the Commissioner] conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(c)to the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

F159(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2F)In any case where [F160the Commissioner] decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the House of Commons as is mentioned in subsection (2E)(b).]

[F161(2HA)Where the Commissioner has not concluded an investigation before the end of the 12 month period beginning with the date the complaint was received, the Commissioner must send a statement explaining the reason for the delay to the person who made the complaint.]

[F162(2I)Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.]

(3)If after conducting an investigation it appears to [F163the Commissioner] F164... that—

(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F165, (1A) or (1C)], and

(b)the injustice or hardship has not been and will not be remedied,

he may if he thinks fit [F166lay before each House of Parliament a special report on the case.]

[F167(4)[F168The Commissioner] F169...—

(a)shall F170...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)may F171... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.]

[F172(4A)The general report laid under subsection (4)(a) must include information about—

(a)how long investigations that were concluded in the year to which the report relates took to be concluded,

(b)how many of those investigations took more than 12 months to be concluded, and

(c)the action being taken with a view to all investigations being concluded within 12 months.]

(5)For the purposes of the law of defamation, the publication of any matter by [F173the Commissioner] F174... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.

Extent Information

E1S. 14(5) extends to Northern Ireland see s. 22(2)(a).

Textual Amendments

F126Words in s. 14(1) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(2); S.I. 1996/970, art. 2(1)

F131S. 14(1)(e) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(2)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F134Words in s. 14(2) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(3); S.I. 1996/970, art. 2(1)

F135Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)

F137Word in s. 14(2)(b) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F138S. 14(2)(c) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F139S. 14(2A)-(2D) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(4); S.I. 1996/970, art. 2(1)

F144S. 14(2A)(f) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(3)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F152Words in s. 14(2C)(e) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(6), 40(1); S.I. 2010/30, art. 2(b)

F153S. 14(2C)(f) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(4)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F165Words in s. 14(3)(a) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(5); S.I. 1996/970, art. 2(1)

F166Words in s. 14(3) substituted (1.4.1996) by 1996 c. 5, s. 10(4); S.I. 1996/970, art. 2(1)

F167S. 14(4) substituted (1.4.1996) by 1996 c. 5, s. 10(5); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

C8S. 14(1)(c) applied with modifications (1.4.1996) by S.I. 1996/709, art. 9(3)(c)

F17514A Reports by Welsh Commissioner.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17514B Action in response to reports by Welsh Commissioner.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17514C Reports: supplementary.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Information and consultationU.K.

15 Confidentiality of information.U.K.

(1)Information obtained by [F176the Commissioner] or his officers in the course of or for the purposes of an investigation shall not be disclosed except—

(a)for the purposes of the investigation and any report to be made in respect of it,

[F177(aa)for the purposes of [F178a matter] which is being investigated by the Parliamentary Commissioner or a Local Commissioner (or both),]

(b)for the purposes of any proceedings for—

(i)an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by virtue of this Act by [F176the Commissioner] or any of his officers, or

(ii)an offence of perjury alleged to have been committed in the course of the investigation,

(c)for the purposes of an inquiry with a view to the taking of such proceedings as are mentioned in paragraph (b), F179. . .

(d)for the purposes of any proceedings under section 13 (offences of obstruction and contempt) [F180or

(e)[F181where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients]as permitted by subsection (1B).]

[F182[F183(1A)Subsection (1B) applies where, in the course of an investigation, [F184the Commissioner] or any of his officers obtains information which—

(a)does not fall to be disclosed for the purposes of the investigation or any report to be made in respect of it, and

(b)is to the effect that a person is likely to constitute a threat to the health or safety of patients.]

(1B)In [F185a case within subsection (1)(e)] the Commissioner may disclose the information to any persons to whom he thinks it should be disclosed in the interests of the health and safety of patients [F186; and a person to whom disclosure may be made may, for instance, be a body which regulates the profession to which the person mentioned in subsection (1A)(b) belongs or his employer or any person with whom he has made arrangements to provide services.]

(1C)If [F187the Commissioner] discloses information as permitted by subsection (1B) he shall—

[F188(a)where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and

(b)inform the person from whom the information was obtained that he has disclosed it.]]

(2)Neither [F189the Commissioner] nor his officers [F190nor his advisers] shall be called on to give evidence in any proceedings, other than proceedings mentioned in subsection (1), of matters coming to his or their knowledge in the course of an investigation under this Act.

[F191(3)The reference in subsection (2) to [F192the Commissioner's] advisers is a reference to persons from whom the Commissioner obtains advice under paragraph 13 of Schedule 1 F193....]

[F194(4)Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.]

Textual Amendments

F179Word in s. 15(1)(c) repealed (1.4.1996) by 1996 c. 5, ss. 11(2), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F180S. 15(1)(e) and preceding word “or” inserted (1.4.1996) by 1996 c. 5, s. 11(2); S.I. 1996/970, art. 2(1)

F181Words in s. 15(1)(e) inserted (1.10.1999 for E.W., 1.3.2000 for S.) by 1999 c. 8, s. 43(2); S.S.I. 2000/38, art. 2

F182S. 15(1A)-(1C) inserted (1.4.1996) by 1996 c. 5, s. 11(3); S.I. 1996/970, art. 2(1)

F183S. 15(1A) repealed (1.10.1999 for E.W., 1.3.2000 for S.) by 1999 c. 8, ss. 43(3), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F185Words in s. 15(1B) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(4)(a); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F186Words in s. 15(1B) repealed (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, ss. 43(4)(b), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F188S. 15(1C)(a)(b) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(5); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F190Words in s. 15(2) inserted (1.4.1996) by 1996 c. 5, s. 11(4); S.I. 1996/970, art. 2(1)

F191S. 15(3) inserted (1.4.1996) by 1996 c. 5, s. 11(5); S.I. 1996/970, art. 2(1)

F194S. 15(4) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 5 (with ss. 56, 78)

Modifications etc. (not altering text)

16 Information prejudicial to the safety of the State.U.K.

(1)A Minister of the Crown may give notice in writing to [F195the Commissioner] with respect to any document or information specified in the notice that in the Minister’s opinion the disclosure of the document or information would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(2)Where such a notice is given to [F195the Commissioner], nothing in this Act shall be construed as authorising or requiring him or any of his officers to communicate to any person or for any purpose any document or information specified in the notice.

(3)References above to a document or information include references to a class of document or a class of information.

Textual Amendments

17 Use of information by Commissioner in other capacity.E+W+S

(1)This section applies where [F196the Commissioner] also holds F197... the office of Parliamentary Commissioner (an “additional office”).

(2)Where—

(a)a person initiates a complaint to the Commissioner as the holder of the additional office, and

(b)the complaint relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to the Commissioner in his capacity as such,

information obtained by the Commissioner or his officers in the course of or for the purposes of the investigation of that other complaint may be disclosed for the purposes of carrying out his functions in relation to the complaint initiated to him as the holder of the additional office.

F198(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C10S. 17 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3

18 Consultation during investigations.E+W+S

(1)Where [F199the Commissioner], at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly [F200or wholly] to a matter which could be the subject of an investigation—

F201(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)by the Parliamentary Commissioner under the M12Parliamentary Commissioner Act 1967,

[F202(ba)by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,]

(c)by a Local Commissioner under Part III [F203or 3A] of the M13Local Government Act 1974, [F204or]

(d)[F205by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002], F206...

F206(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he shall consult about the complaint with the appropriate Commissioner [F207or F208... Ombudsman] and, if he considers it necessary, he shall inform the person initiating the complaint of the steps necessary to initiate a complaint to that Commissioner [F207or F208... Ombudsman].

(2)Where [F209the Commissioner] consults with another Commissioner [F210, the Scottish Public Services Ombudsman] or F211... [F212the Public Services Ombudsman for Wales] in accordance with this section, the consultations may extend to any matter relating to the complaint, including—

(a)the conduct of any investigation into the complaint, and

(b)the form, content and publication of any report of the results of such an investigation.

(3)Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information F213... in the course of consultations held in accordance with this section.

Textual Amendments

F200Words in s. 18(1) inserted (1.4.2004 for W., 1.4.2006 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 64; S.I. 2004/480, art. 4(2)(aa) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345), S.I. 2005/2925, art. 10(2)(j)

F203Words in s. 18(1)(c) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 13; S.I. 2010/1863, art. 2

F207Words in s. 18(1) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 14(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

Modifications etc. (not altering text)

C11S. 18 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3

C12S. 18(1)(b) extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(b); S.I. 1998/3178, art. 3

Marginal Citations

Collaborative working between the Commissioner and other CommissionersU.K.

(1)If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of—

(a)the Parliamentary Commissioner,

(b)a Local Commissioner, or

(c)both,

he may, subject to subsection (2), conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2)The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with section 9(3) before agreeing to a joint investigation referred to in subsection (1).

(3)If the Commissioner forms the opinion that [F215matters which are the subject of an investigation] by—

(a)the Parliamentary Commissioner,

(b)a Local Commissioner, or

(c)both,

[F216include] a matter within his jurisdiction, he may conduct an investigation [F217of that matter] under this Act jointly with that Commissioner or those Commissioners.

(4)If the Commissioner conducts an investigation F218... jointly with another person, the requirements of section 14 (reports) (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5)Apart from identifying any body or provider investigated, a report prepared by virtue of subsection (4) by the Commissioner and a Local Commissioner shall not—

(a)mention the name of any person, or

(b)contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as [F219the interests of the complainant (if any) and of other persons], the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(6)Nothing in subsection (5) of this section prevents a report—

(a)mentioning the name of, or

(b)containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.]

Textual Amendments

[F22018A Disclosure of information to Information Commissioner.E+W+S

(1)[F221The Health Service Commissioner] may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—

(a)a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i)Part V of the Data Protection Act 1998 (enforcement),

(ii)section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii)Part IV of that Act (enforcement), or

(b)the commission of an offence under—

(i)any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii)section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(3)Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.]

Textual Amendments

F220S. 18A and sidenote inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 6 (with ss. 56, 78)

SupplementaryU.K.

19 Interpretation.U.K.

In this Act—

  • “action” includes failure to act, and related expressions shall be construed accordingly;

  • [F222[F223“allotted sum” shall be construed in accordance with section 15 of the M14National Health Service and Community Care Act 1990 or, in Scotland, section 87B of the M15National Health Service (Scotland) Act 1978;]]

  • [F224“the Assembly” means the National Assembly for Wales;]

  • “the Court” means, in relation to England and Wales, the High Court, F225...and in relation to Northern Ireland, the High Court in Northern Ireland;

  • [F226“direct payment services” means services in respect of which direct payments have been made under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006;]

  • [F227“family health services” has the meaning given by section 2A;

  • “family health service provider” has the meaning given by section 2A;]

  • F228...

  • “functions” includes powers and duties;

  • “health service body” has the meaning given by section 2;

  • [F229“independent provider” has the meaning given by section 2B;]

  • “local authority” means—

    (a)

    in relation to England F230. . ., a county, district or London borough council or the Common Council of the City of London,

    (aa)

    [F231in relation to Wales, a county council or county borough council,]

    (b)

    in relation to Scotland, a regional, district or islands council;

  • [F232“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;]

  • “officer” includes employeeF233...;

  • “Parliamentary Commissioner” means Parliamentary Commissioner for Administration;

  • “patient” includes an expectant or nursing mother and a lying-in woman; F234. . .

  • “person aggrieved” means the person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 3(1) [F235, (1A) or (1C)].

  • [F236[F237“recognised fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990 or, in Scotland, section 87A of the National Health Service (Scotland) Act 1978.]]

Textual Amendments

F222Words in s. 19 inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 6(2); S.I. 1996/970, art. 2(1)

F223Words in s. 19 repealed (1.10.1999 for E.S., 1.4.2000 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 85(4), Sch. 5; S.I. 1999/2540, art. 2, Sch. 1; S.I. 1999/90, art. 2, Sch. 2; S.I. 2000/1026, art. 2(1), Sch.

F224Words in s. 19 inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 15(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F227Words in s. 19 inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 6(3); S.I. 1996/970, art. 2(1)

F229Words in s. 19 inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 6(4); S.I. 1996/970, art. 2(1)

F234Word in s. 19 repealed (1.4.1996) by 1996 c. 5, ss. 3, 13, Sch. 1 para. 6(5), Sch. 2; S.I. 1996/970, art. 2(1)

F235Words in s. 19 inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 6(6); S.I. 1996/970, art. 2(1)

F236Words in s. 19 inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 6(7); S.I. 1996/970, art. 2(1)

F237Words in s. 19 repealed (1.10.1999 for E.S., 1.4.2000 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 85(4), Sch. 5; S.I. 1999/2540, art. 2, Sch. 1; S.I. 1999/90, art. 2, Sch. 2; S.I. 2000/1026, art. 2(1), Sch.

Marginal Citations

20 Consequential amendments and repeals.E+W+S

(1)Schedule 2 to this Act (which contains amendments consequential on this Act) has effect.

(2)The enactments set out in Schedule 3 are repealed to the extent specified.

21 Transitional provisions.E+W+S

(1)The repeal and re-enactment of provisions in this Act does not affect the continuity of the law.

(2)Anything done, or having effect as if done, under a provision reproduced in this Act has effect as if done under the corresponding provision of this Act.

(3)Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act shall (so far as the context permits) be construed as (according to the context) being or including in relation to times, circumstances or purposes before the commencement of this Act a reference to the corresponding provision repealed in this Act.

(4)Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision repealed in this Act shall (so far as the context permits) be construed as (according to the context) being or including in relation to times, circumstances or purposes after the commencement of this Act a reference to the corresponding provision of this Act.

(5)Subsection (4) is subject to Schedule 2.

22 Short title, extent and commencement.U.K.

(1)This Act may be cited as the Health Service Commissioners Act 1993.

(2)The following provisions of this Act extend to Northern Ireland—

(a)sections 11, 12, 13, 14(5), 15, 16 and this section;

(b)section 19 so far as it relates to provisions mentioned in this subsection;

(c)Schedule 2 so far as it amends any enactment which extends to Northern Ireland; and

(d)Schedule 3 so far as it repeals any enactment which extends to Northern Ireland.

(3)The Secretary of State may by order provide that this Act shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: