Health Service Commissioners Act 1993

9 Requirements to be complied with

(1) The following requirements apply in relation to a complaint made to a 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.

(5) Before proceeding to investigate the complaint, the Commissioner shall satisfy himself that—

(a) the complaint has been brought to the notice of the health service body concerned by or on behalf of the person aggrieved, and

(b) that body has been afforded a reasonable opportunity to investigate and reply to the complaint.

(6) The Commissioner shall disregard the provisions of subsection (5) if the complaint is made under subsection (3)(b) on behalf of the person aggrieved by an officer of the health service body in question and the Commissioner is satisfied that in the particular circumstances those provisions ought to be disregarded.