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Health Service Commissioners Act 1993

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14 Reports by [F1English and Scottish] Commissioners.E+W+S+N.I.

(1)[F2In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] 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 [F4or member of the Scottish Parliament] 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),

[F5(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,]

(d)to any person who is alleged in the complaint to have taken or authorised the action complained of, [F6and]

[F7(e)to the Secretary of State.]

(2)In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] decides not to conduct an investigation [F8pursuant to a complaint under section 3(1)]he shall send a statement of his reasons—

(a)to the person who made the complaint, [F9and]

(b)to any such member of the House of Commons [F4or member of the Scottish Parliament] as is mentioned in subsection (1)(b), F10. . .

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(2A)In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] 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 [F4or member of the Scottish Parliament] 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)),

(e)to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, and

(f)to the Secretary of State.

(2B)In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] 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 [F4or member of the Scottish Parliament] as is mentioned in subsection (2A)(b).

(2C)In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] 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 [F4or member of the Scottish Parliament] 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,

(e)to the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned, and

(f)to the Secretary of State.

(2D)In any case where [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] 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 [F4or member of the Scottish Parliament]as is mentioned in subsection (2C)(b).]

(3)If after conducting an investigation it appears to [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] that—

(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F13, (1A) or (1C)], and

(b)the injustice or hardship has not been and will not be remedied,

he may if he thinks fit [F14lay before each House of Parliament a special report on the case.].

[F15(4)[F16The Health Service Commissioner for England and the Health Service Commissioner for Scotland]

(a)shall [F17each]annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)may [F17each] from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.]

(5)For the purposes of the law of defamation, the publication of any matter by [F3the Health Service Commissioner for England or the Health Service Commissioner for Scotland] in sending or making a report or statement in pursuance of this section shall be absolutely privileged.

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Extent Information

E1S. 14(5) extends to Northern Ireland see s. 22(2)(a).

Amendments (Textual)

F1Words in sidenote to s. 14 inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 10(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

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)

F6Word in s. 14(1)(d) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(4)(a) (with Sch. 2 paras. 6, 16)

F7S. 14(e) substituted for s. 14(e)(f) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 126(4)(b) (with Sch. 2 paras. 6, 16)

F9Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)

F14Words in s. 14(3) substituted (1.4.1996) by 1996 c. 5, s. 10(4); S.I. 1996/970, art. 2(1)

Modifications etc. (not altering text)

C1S. 14(1)(c) applied with modifications (1.4.1996) by S.I. 1996/709, art. 9(3)(c)

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