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Version Superseded: 19/01/2010
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(1)[F2In any case where [F3the Commissioner] F4... 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 F5... 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),
[F6(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, [F7and]
[F8(e)to the Secretary of State.]
(2)In any case where [F9the Commissioner] F10... decides not to conduct an investigation [F11pursuant to a complaint under section 3(1)] he shall send a statement of his reasons—
(a)to the person who made the complaint, [F12and]
(b)to any such member of the House of Commons F13... as is mentioned in subsection (1)(b), F14. . .
F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(2A)In any case where [F17the Commissioner] F18... 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 F19... 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 [F20the Commissioner] F21... 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 F22... as is mentioned in subsection (2A)(b).
(2C)In any case where [F23the Commissioner] F24... 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 F25... 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 [F26the Commissioner] F27... 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 F28...as is mentioned in subsection (2C)(b).]
[F29(2E)In any case where [F30the Commissioner] conducts an investigation pursuant to a complaint under section 3(1E) 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 the person or body whose maladministration is complained of;
(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;
(e)to the Secretary of State.
(2F)In any case where [F31the Commissioner] decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—
(a)to the person who made the complaint; or
(b)to any such member of the House of Commons as is mentioned in subsection (2E)(b).]
(3)If after conducting an investigation it appears to [F32the Commissioner] F33... that—
(a)the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) [F34, (1A) or (1C)], and
(b)the injustice or hardship has not been and will not be remedied,
he may if he thinks fit [F35lay before each House of Parliament a special report on the case.]
[F36(4)[F37The Commissioner] F38...—
(a)shall F39...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and
(b)may F40... 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 [F41the Commissioner] F42... 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 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 44 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
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)
F3Words in s. 14(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4Words in s. 14(1) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F5Words in s. 14(1)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F6S. 14(1)(c) substituted (1.4.1996) by 1996 c. 5, s. 10(2); S.I. 1996/970, art. 2(1)
F7Word 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)
F8S. 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)
F9Words in s. 14(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F10Words in s. 14(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F11Words 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)
F12Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)
F13Words in s. 14(2)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F14Word 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)
F15S. 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)
F16S. 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)
F17Words in s. 14(2A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F18Words in s. 14(2A) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F19Words in s. 14(2A)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F20Words in s. 14(2B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F21Words in s. 14(2B) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F22Words in s. 14(2B)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F23Words in s. 14(2C) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F24Words in s. 14(2C) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F25Words in s. 14(2C)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F26Words in s. 14(2D) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F27Words in s. 14(2D) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F28Words in s. 14(2D)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)
F29S. 14(2E)(2F) inserted (1.6.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 11(5); S.I. 2004/759, art. 7
F30Words in s. 14(2E) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F31Words in s. 14(2F) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F32Words in s. 14(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F33Words in s. 14(3) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
F34Words 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)
F35Words in s. 14(3) substituted (1.4.1996) by 1996 c. 5, s. 10(4); S.I. 1996/970, art. 2(1)
F36S. 14(4) substituted (1.4.1996) by 1996 c. 5, s. 10(5); S.I. 1996/970, art. 2(1)
F37Words in s. 14(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F38Words in s. 14(4) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(i)
F39Word in s. 14(4)(a) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(ii)
F40Word in s. 14(4)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(ii)
F41Words in s. 14(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F42Words in s. 14(5) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)
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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