Reports

E1C214F28Reports by the Commissioner.

1

F1In any case where F29the CommissionerF11... 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 F12... 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),

C1c

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, F42and

d

to any person who is alleged in the complaint to have taken or authorised the action complained of, F43...

F43e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In any case where F30the CommissionerF13... decides not to conduct an investigation F2pursuant to a complaint under section 3(1) he shall send a statement of his reasons—

a

to the person who made the complaint, F3and

b

to any such member of the House of Commons F14... as is mentioned in subsection (1)(b), F4. . .

F5c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62A

In any case where F31the CommissionerF15... 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 F16... 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)), F44and

e

to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, F45...

F45f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2B

In any case where F32the CommissionerF17... 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 F18... as is mentioned in subsection (2A)(b).

2C

In any case where F33the CommissionerF19... 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 F20... 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, F46and

e

to the health service body or family health service provider with whom the independent provider F40(in a case within section 2B(1)) made the arrangement to provide the service concerned, F47...

F47f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2D

In any case where F34the CommissionerF21... 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 F22...as is mentioned in subsection (2C)(b).

F102E

In any case where F35the 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;

F48e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F

In any case where F36the 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).

F492HA

Where the Commissioner has not concluded an investigation before the end of the 12 month period beginning with the date the complaint was received, the Commissioner must send a statement explaining the reason for the delay to the person who made the complaint.

F412I

Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.

3

If after conducting an investigation it appears to F37the CommissionerF23... that—

a

the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) F7, (1A) or (1C), and

b

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

he may if he thinks fit F8lay before each House of Parliament a special report on the case.

F94

F39The CommissionerF24...—

a

shall F25...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

b

may F26... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

F504A

The general report laid under subsection (4)(a) must include information about—

a

how long investigations that were concluded in the year to which the report relates took to be concluded,

b

how many of those investigations took more than 12 months to be concluded, and

c

the action being taken with a view to all investigations being concluded within 12 months.

5

For the purposes of the law of defamation, the publication of any matter by F38the CommissionerF27... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.