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Health Service Commissioners Act 1993
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Changes over time for: Section 10
Version Superseded: 01/04/2006
Alternative versions:
- 05/02/1994- Amendment
- 01/07/1999- Amendment
- 01/06/2004
Point in time - 01/04/2006- Amendment
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10 Referral of complaint by health service body.E+W+S
(1)A health service body may itself refer to a 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.
[F1(2A)The Assembly may only refer a complaint under this section if it is in respect of a matter which the Health Service Commissioner for Wales can investigate by virtue of section 3(1YA).]
(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 a Commissioner under this section shall be determined by him.
(5)A complaint referred to a Commissioner under this section shall be deemed to be duly made to him.
Textual Amendments
F1S. 10(2A) inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 8 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
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