Health Service Commissioners Act 1993

Changes over time for: Cross Heading: Reports

Version Superseded: 01/04/2013

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Point in time view as at 01/07/2012.

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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 29 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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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),

[F6(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,]

(d)to any person who is alleged in the complaint to have taken or authorised the action complained of, [F7and]

[F8(e)to the Secretary of State.]

(2)In any case where [F9the Commissioner] F10... decides not to conduct an investigation [F11pursuant to a complaint under section 3(1)] he shall send a statement of his reasons—

(a)to the person who made the complaint, [F12and]

(b)to any such member of the House of Commons F13... as is mentioned in subsection (1)(b), F14. . .

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(2A)In any case where [F17the Commissioner] F18... 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 F19... 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 [F20the Commissioner] F21... 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 F22... as is mentioned in subsection (2A)(b).

(2C)In any case where [F23the Commissioner] F24... 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 F25... 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 [F26(in a case within section 2B(1))] made the arrangement to provide the service concerned, and

(f)to the Secretary of State.

(2D)In any case where [F27the Commissioner] F28... 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 F29...as is mentioned in subsection (2C)(b).]

[F30(2E)In any case where [F31the 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;

(e)to the Secretary of State.

(2F)In any case where [F32the 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).]

[F33(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 [F34the Commissioner] F35... that—

(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F36, (1A) or (1C)], and

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

he may if he thinks fit [F37lay before each House of Parliament a special report on the case.]

[F38(4)[F39The Commissioner] F40...—

(a)shall F41...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)may F42... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.]

(5)For the purposes of the law of defamation, the publication of any matter by [F43the Commissioner] F44... 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)

F6S. 14(1)(c) substituted (1.4.1996) by 1996 c. 5, s. 10(2); S.I. 1996/970, art. 2(1)

F7Word in s. 14(1)(d) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(4)(a) (with Sch. 2 paras. 6, 16)

F8S. 14(e) substituted for s. 14(e)(f) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(4)(b) (with Sch. 2 paras. 6, 16)

F9Words 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)

F10Words 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)

F11Words in s. 14(2) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(3); S.I. 1996/970, art. 2(1)

F12Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)

F13Words in s. 14(2)(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)

F14Word in s. 14(2)(b) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F15S. 14(2)(c) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F16S. 14(2A)-(2D) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(4); S.I. 1996/970, art. 2(1)

F17Words in s. 14(2A) 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)

F18Words in s. 14(2A) 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)

F19Words in s. 14(2A)(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)

F20Words in s. 14(2B) 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)