The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

17.—(1) In this paragraph―

“the 1993 Act” means the Health Service Commissioners Act 1993(1);

“the Commissioner” means the Health Service Commissioner for England.

(2) Notwithstanding the repeal by this Order of the Health Service Commissioner for England (Mental Health Act Commission) Order 1983(2), the Commissioner may, on or after 1st April 2009―

(a) continue any investigation commenced before that date pursuant to a complaint made in relation to the MHAC under section 3(1) of the 1993 Act(3); or

(b) consider and, where appropriate, investigate in accordance with the 1993 Act, any complaint made in relation to the MHAC under section 3(1) of that Act on or after 1st April 2009.

(3) Where an investigation is continued or commenced under paragraph (2), the Commissioner shall―

(a) where appropriate, afford―

(i) the Care Quality Commission, where the complaint is in relation to England; or

(ii) the Welsh Ministers, where the complaint is in relation to Wales,

an opportunity to comment on any allegations contained in the complaint; and

(b) send a report of the results of the investigation to―

(i) the Care Quality Commission, where the complaint is in relation to England; or

(ii) the Welsh Ministers, where the complaint is in relation to Wales.

(1)

1993 c.46.

(2)

S.I. 1983/1114.

(3)

Section 3(1) has been amended by the Public Services Ombudsman (Wales) Act 2005, section 39(1) and Schedule 6, paragraphs 27 and 35.