Health Service Commissioners Act 1993

[F1 14C Reports: supplementary. E+W+S

(1) Apart from identifying any body or provider investigated, a report under section 14A(1), a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A shall not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Health Service Commissioner for Wales, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report or further report to mention his name or include such particulars.

(2) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of any matter by the Health Service Commissioner for Wales in a report or statement under section 14A, a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A,

(b) the publication of any matter in communications between—

(i) an Assembly member or a member of the Assembly’s staff or a member or an officer or member of the staff of any other body or provider subject to investigation by the Commissioner, and

(ii) the Commissioner or a member of his staff,

in connection with a complaint to the Commissioner,

(c) the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Commissioner, and

(d) the publication of any matter in communications between any person and the Commissioner or a member of his staff in connection with a complaint by the person to the Commissioner.]

Textual Amendments

F1 S. 14C and sidenote inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 11 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4