Search Legislation

Health Service Commissioners Act 1993

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Health Service Commissioners Act 1993, Section 14 is up to date with all changes known to be in force on or before 29 March 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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):

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

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)

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)

F10Words 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)

F11Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)

F13Word 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)

F14S. 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)

F15S. 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)

F20S. 14(2A)(f) 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(3)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F28Words in s. 14(2C)(e) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(6), 40(1); S.I. 2010/30, art. 2(b)

F29S. 14(2C)(f) 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(4)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F41Words in s. 14(3)(a) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(5); S.I. 1996/970, art. 2(1)

F42Words in s. 14(3) substituted (1.4.1996) by 1996 c. 5, s. 10(4); S.I. 1996/970, art. 2(1)

F43S. 14(4) substituted (1.4.1996) by 1996 c. 5, s. 10(5); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

C2S. 14(1)(c) applied with modifications (1.4.1996) by S.I. 1996/709, art. 9(3)(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources