Health Service Commissioners Act 1993

Collaborative working between the Commissioner and other Commissioners U.K.

(1) If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of—

(a) the Parliamentary Commissioner,

(b) a Local Commissioner, or

(c) both,

he may, subject to subsection (2), conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2) The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with section 9(3) before agreeing to a joint investigation referred to in subsection (1).

(3) If the Commissioner forms the opinion that [F2 matters which are the subject of an investigation] by—

(a) the Parliamentary Commissioner,

(b) a Local Commissioner, or

(c) both,

[F3 include] a matter within his jurisdiction, he may conduct an investigation [F4 of that matter] under this Act jointly with that Commissioner or those Commissioners.

(4) If the Commissioner conducts an investigation F5 ... jointly with another person, the requirements of section 14 (reports) (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5) Apart from identifying any body or provider investigated, a report prepared by virtue of subsection (4) by the Commissioner and a Local Commissioner shall not—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as [F6 the interests of the complainant (if any) and of other persons], the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(6) Nothing in subsection (5) of this section prevents a report—

(a) mentioning the name of, or

(b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.]

Textual Amendments

F1 S. 18ZA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 6

F2 Words in s. 18ZA(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(3)(a)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F3 Word in s. 18ZA(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(3)(a)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F4 Words in s. 18ZA(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(3)(a)(iii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F5 Words in s. 18ZA(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(3)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

F6 Words in s. 18ZA(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(3)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))