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The Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Complaints and investigations

5.  In Article 10(3) (complaints made by person other than person aggrieved), after “or other” insert “'body or”.

6.  In Article 11 (purposes of investigation)—

(a)for paragraph (a) substitute—

(a)to ascertain if the matters alleged in the complaint—

(i)may properly warrant investigation by him under this Order;

(ii)are, in substance, true; and;

(b)in paragraph (b)(ii)—

(i)after “body concerned” insert “, the general health services provider concerned or the independent provider concerned (as the case may be)”;

(ii)after “that body” insert “or provider”.

7.—(1) Article 12 (procedure in respect of investigations) shall be amended in accordance with sub-paragraphs (2) to (4).

(2) In paragraph (2)—

(a)in sub-paragraph (a)(i) after “body concerned” insert “, the general health services provider concerned or the independent provider concerned (as the case may be)”;

(b)in sub-paragraph (a) after “that body” insert “or provider”;

(c)in sub-paragraph (b) after “such body” insert “, provider”.

(3) In paragraph (10) for “under this Order” substitute “pursuant to a complaint under Article 7”.

(4) After paragraph (10) add—

(11) An investigation pursuant to a complaint under Article 8 or 8A shall not affect any action taken by the general health services provider or z independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation..

8.  In Article 14(3) (obstruction and contempt) after “12(10)” insert “or (11)”.

9.  For Article 15 (reports on investigations) substitute—

Reports on investigations

15.(1) In any case where the Commissioner conducts an investigation pursuant to a complaint under Article 7 relating to action taken by or on behalf of any body other than a health and social services body, he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to the body concerned; and

(c)to any person who is alleged in the complaint to have taken or authorised the action complained of or otherwise to be involved in the allegations made in the complaint.

(2) In any case where the Commissioner conducts an investigation pursuant to a complaint made under Article 7 relating to action taken by or on behalf of a health and social services body, he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to the health and social services body which at the time the report is made has the function in relation to which the complaint was made;

(c)to any person who is alleged in the complaint to have taken or authorised the action complained of or otherwise to be involved in the allegations made in the complaint.

(3) In any case where the Commissioner conducts an investigation pursuant to a complaint under Article 8 he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any person by reference to whose action the complaint is made;

(c)to the general health services provider concerned (if that provider does not fall within sub-paragraph (b)); and

(d)to any health and social services body with whom the general health services provider concerned is subject to an undertaking to provide general health services.

(4) In any case where the Commissioner conducts an investigation pursuant to a complaint under Article 8A he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any person who is alleged in the complaint to have taken or authorised the action complained of;

(c)to the independent provider concerned; and

(d)to the health and social services body or general health services provider with whom the independent provider concerned made the arrangement to provide the service concerned.

(5) In any case where the Commissioner decides not to conduct an investigation pursuant to a complaint under Article 7. 8 or 8A he shall send a statement of his reasons for not conducting an investigation to the person who made the complaint..

10.  In Articles 16(1) (compensation) and 17(1) (application to High Court for relief) for “'under this Order” substitute “pursuant to a complaint under Article 7”.

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