Reports

E114F31Reports by the Commissioner.

1

F1In any case where F32the CommissionerF14... 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 F15... 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),

C1F2c

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,

d

to any person who is alleged in the complaint to have taken or authorised the action complained of, F3and

F4e

to the Secretary of State.

2

In any case where F33the CommissionerF16... decides not to conduct an investigation F5pursuant to a complaint under section 3(1) he shall send a statement of his reasons—

a

to the person who made the complaint, F6and

b

to any such member of the House of Commons F17... as is mentioned in subsection (1)(b), F7. . .

F8c

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

F92A

In any case where F34the CommissionerF18... 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 F19... 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)),

e

to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, and

f

to the Secretary of State.

2B

In any case where F35the CommissionerF20... 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 F21... as is mentioned in subsection (2A)(b).

2C

In any case where F36the CommissionerF22... 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 F23... 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,

e

to the health service body or family health service provider with whom the independent provider F43(in a case within section 2B(1)) made the arrangement to provide the service concerned, and

f

to the Secretary of State.

2D

In any case where F37the CommissionerF24... 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 F25...as is mentioned in subsection (2C)(b).

F132E

In any case where F38the 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;

e

to the Secretary of State.

2F

In any case where F39the 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).

3

If after conducting an investigation it appears to F40the CommissionerF26... that—

a

the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) F10, (1A) or (1C), and

b

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

he may if he thinks fit F11lay before each House of Parliament a special report on the case.

F124

F42The CommissionerF27...—

a

shall F28...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

b

may F29... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

5

For the purposes of the law of defamation, the publication of any matter by F41the CommissionerF30... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.