Health Service Commissioners Act 1993

Complaints E+W+S

8 Individuals and bodies entitled to complain. E+W+S

(1) A complaint under this Act may be made by an individual or a body of persons, whether incorporated or not, other than a public authority.

(2) In subsection (1), “public authority” means—

(a) a local authority or other authority or body constituted for the purposes of the public service or of local government [F1 (including the Assembly)],

(b) an authority or body constituted for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking, and

(c) any other authority or body—

(i) whose members are appointed by Her Majesty or any Minister of the Crown or government department [F2 or by the Assembly], or

(ii) whose revenues consist wholly or mainly of money provided by Parliament [F3 or out of the Scottish Consolidated Fund][F2 or the Assembly].

Textual Amendments

F1 Words in s. 8(2)(a) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 7(a) (with ss. 139(2), 14314.(2)); S.I. 1999/782, art. 2

F2 Words in s. 8(2)(c)(i)(ii) inserted (1.4.1999) by 1998 c. 38, s. 112, Sch. 10 para. 7(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F3 Words in s. 8(2)(c) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(2); S.I. 1998/3178, art. 3

9 Requirements to be complied with. E+W+S

(1) The following requirements apply in relation to a complaint made to [F4 the Commissioner].

(2) A complaint must be made in writing.

(3) The complaint shall not be entertained unless it is made—

(a) by the person aggrieved, or

(b) where the person by whom a complaint might have been made has died or is for any reason unable to act for himself, by—

(i) his personal representative,

(ii) a member of his family, or

(iii) some body or individual suitable to represent him.

(4) The Commissioner shall not entertain the complaint if it is made more than a year after the day on which the person aggrieved first had notice of the matters alleged in the complaint, unless he considers it reasonable to do so.

[F5 (4A) In the case of a complaint against a person who is no longer of a description set out in [F6 section 2A(1)], but was of such a description at the time of the action complained of, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was a family health service provider.

(4B) In the case of a complaint against a person falling within [F7 section 2B(1)] in relation to whom there are no longer any such arrangements as are mentioned there, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was an independent provider.]

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in s. 9(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F5 S. 9(4A)(4B) inserted (23.2.2001) by 2000 c. 28, ss. 2, 4(2) (with s. 3)

F6 Words in s. 9(4A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F7 Words in s. 9(4B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F8 S. 9(5) repealed (1.4.1996) by 1996 c. 5, ss. 9(a), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F9 S. 9(6) repealed (1.4.1996) by 1996 c. 5, ss. 9(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

10 Referral of complaint by health service body. E+W+S

(1) A health service body may itself refer to [F10 the Commissioner] a complaint made to that body that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 3(1).

(2) A complaint may not be so referred unless it was made—

(a) in writing,

(b) by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and

(c) not more than a year after the person aggrieved first had notice of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.

F11 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A health service body may not refer a complaint under this section after the period of one year beginning with the day on which the body received the complaint.

(4) Any question whether a complaint has been duly referred to [F10 the Commissioner] under this section shall be determined by him.

(5) A complaint referred to [F10 the Commissioner] under this section shall be deemed to be duly made to him.

Textual Amendments

F10 Words in s. 10(1)(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F11 S. 10(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)