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Health Service Commissioners Act 1993
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Changes over time for: Section 18
Changes to legislation:
Health Service Commissioners Act 1993, Section 18 is up to date with all changes known to be in force on or before 17 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.
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.
Changes and effects yet to be applied to Section 18:
- s. 18(1) word repealed by 2004 c. 34 Sch. 15 para. 37(2)(c) Sch. 16 (This amendment is not applied to legislation.gov.uk. Sch. 15 para. 37 repealed (1.4.2006) by 2005 c. 10, Sch. 7; S.I. 2005/2800, art. 5(1)(3))
- s. 18(1) word repealed by 2004 c. 34 Sch. 15 para. 37(2)(d) Sch. 16 (This amendment is not applied to legislation.gov.uk. Sch. 15 para. 37 repealed (1.4.2006) by 2005 c. 10, Sch. 7; S.I. 2005/2800, art. 5(1)(3))
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)
18 Consultation during investigations.E+W+S
(1)Where [F1the Commissioner], at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly [F2or wholly] to a matter which could be the subject of an investigation—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)by the Parliamentary Commissioner under the M1Parliamentary Commissioner Act 1967,
[F4(ba)by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005 [F5or the Public Services Ombudsman (Wales) Act 2019],]
(c)by a Local Commissioner under Part III [F6or 3A] of the M2Local Government Act 1974, [F7or]
(d)[F8by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002], F9...
F9(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he shall consult about the complaint with the appropriate Commissioner [F10or F11... Ombudsman] and, if he considers it necessary, he shall inform the person initiating the complaint of the steps necessary to initiate a complaint to that Commissioner [F10or F11... Ombudsman].
(2)Where [F12the Commissioner] consults with another Commissioner [F13, the Scottish Public Services Ombudsman] or F14... [F15the Public Services Ombudsman for Wales] in accordance with this section, the consultations may extend to any matter relating to the complaint, including—
(a)the conduct of any investigation into the complaint, and
(b)the form, content and publication of any report of the results of such an investigation.
(3)Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information F16... in the course of consultations held in accordance with this section.
Textual Amendments
F1Words in s. 18(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(2)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2Words in s. 18(1) inserted (1.4.2004 for W., 1.4.2006 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 64; S.I. 2004/480, art. 4(2)(aa) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345), S.I. 2005/2925, art. 10(2)(j)
F3S. 18(1)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(2)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4S. 18(1)(ba) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(2)(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F5Words in s. 18(1)(ba) inserted (E.W.) (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 15; S.I. 2019/1096, reg. 2
F6Words in s. 18(1)(c) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 13; S.I. 2010/1863, art. 2
F7Word in s. 18(1)(c) repealed (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 37(2)(a), Sch. 16; S.I. 2005/1814, arts. 1(2), 2(f)(iv)
F8Words in s. 18(1)(d) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(9)(a)(ii)
F9S. 18(1)(e) and word repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(2)(d), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F10Words in s. 18(1) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 14(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F11Word in s. 18(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(9)(a)(iii)
F12Words in s. 18(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F13Words in s. 18(2) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(9)(b)
F14Words in s. 18(2) repealed (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 37(3), Sch. 16; S.I. 2005/1814, arts. 1(2), 2(f)(iv)
F15Words in s. 18(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 50(3)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F16Words in s. 18(3) repealed (1.4.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 14(4), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2
Modifications etc. (not altering text)
C1S. 18 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3
C2S. 18(1)(b) extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(b); S.I. 1998/3178, art. 3
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