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- Point in Time (01/04/1996)
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Version Superseded: 01/07/1999
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Health Service Commissioners Act 1993, Section 14 is up to date with all changes known to be in force on or before 28 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.
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(1)[F1In any case where a Commissioner 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 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),
[F2(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, [F3and]
[F4(e)to the Secretary of State.]
(2)In any case where a Commissioner decides not to conduct an investigation [F5pursuant to a complaint under section 3(1)]he shall send a statement of his reasons—
(a)to the person who made the complaint, [F6and]
(b)to any such member of the House of Commons as is mentioned in subsection (1)(b), F7. . .
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(2A)In any case where a Commissioner 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 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 a Commissioner 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 as is mentioned in subsection (2A)(b).
(2C)In any case where a Commissioner 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 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 a Commissioner 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 as is mentioned in subsection (2C)(b).]
(3)If after conducting an investigation it appears to a Commissioner that—
(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F10, (1A) or (1C)], and
(b)the injustice or hardship has not been and will not be remedied,
he may if he thinks fit [F11lay before each House of Parliament a special report on the case.]
[F12(4)Each of the Commissioners—
(a)shall annually lay before each House of Parliament a general report on the performance of his functions under this Act, and
(b)may 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 a Commissioner in sending or making a report or statement in pursuance of this section shall be absolutely privileged.
Extent Information
E1S. 14(5) extends to Northern Ireland see s. 22(2)(a).
Textual Amendments
F1Words 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)
F2S. 14(1)(c) substituted (1.4.1996) by 1996 c. 5, s. 10(2); S.I. 1996/970, art. 2(1)
F3Word 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)
F4S. 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)
F5Words in s. 14(2) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(3); S.I. 1996/970, art. 2(1)
F6Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)
F7Word in s. 14(2)(b) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)
F8S. 14(2)(c) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)
F9S. 14(2A)-(2D) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(4); S.I. 1996/970, art. 2(1)
F10Words in s. 14(3)(a) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(5); 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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