2B Independent providers subject to investigation.E+W+S
(1)Persons are subject to investigation by [F1the Commissioner] if—
(a)they are [F2or 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 [F3or were not at the time of the action complained of] themselves health service bodies or family health service providers.
[F4(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.]
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The services provided under arrangements mentioned in [F7subsection (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) [F8or (1A)].
Textual Amendments
F1Words in s. 2B(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2Words in s. 2B(1)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(a), 4(2) (with s. 3)
F3Words in s. 2B(1)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(b), 4(2) (with s. 3)
F4S. 2B(1A) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(2), 40(1); S.I. 2010/30, art. 2(b)
F5S. 2B(2)(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F6S. 2B(3) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(5)(a)
F7Words in s. 2B(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F8Words in s. 2B(5) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(3), 40(1); S.I. 2010/30, art. 2(b)