Health Service Commissioners Act 1993

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Health Service Commissioners Act 1993, Cross Heading: Reports is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3(1F) inserted by 2006 c. 44 s. 15(2)
s. 7(2)(d) and word inserted by 2006 c. 44 s. 15(4)(b)
s. 14(2G)(2H) inserted by 2006 c. 44 s. 15(7)
s. 14(2G)(c) word inserted by 2012 c. 7 Sch. 5 para. 70(6)(a)
s. 14(2G)(e) and word omitted by 2012 c. 7 Sch. 5 para. 70(6)(b)

ReportsU.K.

14 [F1Reports by the Commissioner].U.K.

(1)[F2In any case where [F3the Commissioner] F4... conducts an investigation pursuant to a complaint under section 3(1) 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 F5... 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 the health service body who at the time the report is made provides the service, or has the function, in relation to which the complaint was made, [F6and]

(d)to any person who is alleged in the complaint to have taken or authorised the action complained of, F7...

F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In any case where [F8the Commissioner] F9... decides not to conduct an investigation [F10pursuant to a complaint under section 3(1)] he shall send a statement of his reasons—

(a)to the person who made the complaint, [F11and]

(b)to any such member of the House of Commons F12... as is mentioned in subsection (1)(b), F13. . .

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(2A)In any case where [F16the Commissioner] F17... 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 F18... 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)), [F19and]

(e)to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, F20...

F20(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)In any case where [F21the Commissioner] F22... 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 F23... as is mentioned in subsection (2A)(b).

(2C)In any case where [F24the Commissioner] F25... 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 F26... 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, [F27and]

(e)to the health service body or family health service provider with whom the independent provider [F28(in a case within section 2B(1))] made the arrangement to provide the service concerned, F29...

F29(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)In any case where [F30the Commissioner] F31... 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 F32...as is mentioned in subsection (2C)(b).]

[F33(2E)In any case where [F34the Commissioner] conducts an investigation pursuant to a complaint under section 3(1E) 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 the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

F35(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2F)In any case where [F36the Commissioner] decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the House of Commons as is mentioned in subsection (2E)(b).]

[F37(2HA)Where the Commissioner has not concluded an investigation before the end of the 12 month period beginning with the date the complaint was received, the Commissioner must send a statement explaining the reason for the delay to the person who made the complaint.]

[F38(2I)Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.]

(3)If after conducting an investigation it appears to [F39the Commissioner] F40... that—

(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F41, (1A) or (1C)], and

(b)the injustice or hardship has not been and will not be remedied,

he may if he thinks fit [F42lay before each House of Parliament a special report on the case.]

[F43(4)[F44The Commissioner] F45...—

(a)shall F46...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)may F47... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.]

[F48(4A)The general report laid under subsection (4)(a) must include information about—

(a)how long investigations that were concluded in the year to which the report relates took to be concluded,

(b)how many of those investigations took more than 12 months to be concluded, and

(c)the action being taken with a view to all investigations being concluded within 12 months.]

(5)For the purposes of the law of defamation, the publication of any matter by [F49the Commissioner] F50... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.

Extent Information

E1S. 14(5) extends to Northern Ireland see s. 22(2)(a).

Textual Amendments

F1Words in s. 14 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 44 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F2Words in s. 14(1) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(2); S.I. 1996/970, art. 2(1)

F3Words in s. 14(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F4Words in s. 14(1) 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(8)(a)

F5Words in s. 14(1)(b) 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(8)(b)

F6Word in s. 14(1)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(2)(a); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F7S. 14(1)(e) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(2)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F8Words in s. 14(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F9Words in s. 14(2) 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(8)(a)