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7. (1) Subject to the provisions of paragraphs (2) to (4), this Article applies to the bodies listed in Schedule 2.
(2) The Department may by order amend Schedule 2 by the alteration of any entry, the removal or qualification of any entry or the insertion of any additional entry.
(3) Nothing in paragraph (2) authorises the inclusion in Schedule 2 of—
(a)a department; or
(b)a body which does not either—
(i)exercise functions conferred on it by a statutory provision; or
(ii)have its expenses substantially defrayed out of moneys appropriated by Measure.
(4) Any reference in this Order to a body to which this Article applies includes a reference to the members and officers of that body.
(5) Subject to the provisions of this Order, the Commissioner may investigate any action taken—
(a)by or on behalf of a body to which this Article applies; and
(b)in the exercise of administrative functions of that body.
(6) Without prejudice to the generality of paragraph (5)(b), action taken in the exercise of administrative functions of a body includes action taken by or on behalf of that body in relation to any appointment or employment in respect of which power to take action, or to determine or approve action to be taken, is vested in that body.
(7) The Commissioner may investigate any action taken as mentioned in paragraph (5) only if a complaint is made to the Commissioner in accordance with this Order by a person who claims to have sustained injustice in consequence of maladministration in connection with the action so taken with a request to conduct an investigation into it.
(8) Without prejudice to the generality of paragraph (5)(a), any maladministration mentioned in paragraph (7) may, in relation to a health and [F2social care] body, arise from action of—
(a)the health and [F2social care] body,
(b)a person employed by that body,
(c)a person acting on behalf of that body, or
(d)a person to whom that body has delegated any functions.
(9) Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a body to which this Article applies in the exercise of a discretion vested in that body.
(10) Paragraph (9) does not apply, in the case of a health and [F2social care] body, to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.]
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