(c)

matters arising from arrangements between a family health service provider and an independent provider for the provision of services by the independent provider.”

“(3A)

A Commissioner shall not conduct an investigation in pursuance of a complaint if—

(a)

the complaint is in respect of action taken in any matter relating to arrangements made by a health service body and a family health service provider for the provision of family health services,

(b)

the action is taken by or on behalf of the body or by the provider, and

(c)

the complaint is made by the provider or the body.”

“(1A)

Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1A), he shall afford—

(a)

to the family health service provider, and

(b)

to any person by reference to whose action the complaint is made (if different from the family health service provider),

an opportunity to comment on any allegations contained in the complaint.

(1B)

Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1C), he shall afford—

(a)

to the independent provider concerned, and

(b)

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

an opportunity to comment on any allegations contained in the complaint.”

“(5A)

The conduct of an investigation pursuant to a complaint under section 3(1A) or (1C) shall not affect any action taken by the family health service provider or independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation.”

“(1A)

For the purposes of an investigation pursuant to a complaint under section 3(1A) or (1C) a Commissioner may require any person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.”

“(2A)

In any case where a Commissioner 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 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 a Commissioner 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 as is mentioned in subsection (2A)(b).

(2C)

In any case where a Commissioner 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 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 made the arrangement to provide the service concerned, and

(f)

to the Secretary of State.

(2D)

In any case where a Commissioner 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 as is mentioned in subsection (2C)(b).”

““allotted sum” shall be construed in accordance with section 15 of the M1National Health Service and Community Care Act 1990 or, in Scotland, section 87B of the M2National Health Service (Scotland) Act 1978;”.

““family health services” has the meaning given by section 2A;

“family health service provider” has the meaning given by section 2A;”.

““independent provider” has the meaning given by section 2B;”.

““recognised fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990 or, in Scotland, section 87A of the National Health Service (Scotland) Act 1978.”