Search Legislation

Health Service Commissioners Act 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health Service Commissioners Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Health Service Commissioners Act 1993

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

15 Confidentiality of information.E+W+S+N.I.

(1)Information obtained by a Commissioner or his officers in the course of or for the purposes of an investigation shall not be disclosed except—

(a)for the purposes of the investigation and any report to be made in respect of it,

(b)for the purposes of any proceedings for—

(i)an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by virtue of this Act by a Commissioner or any of his officers, or

(ii)an offence of perjury alleged to have been committed in the course of the investigation,

(c)for the purposes of an inquiry with a view to the taking of such proceedings as are mentioned in paragraph (b), F1. . .

(d)for the purposes of any proceedings under section 13 (offences of obstruction and contempt) [F2or

(e)[F3where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients]as permitted by subsection (1B).]

[F4[F5(1A)Subsection (1B) applies where, in the course of an investigation, a Commissioner or any of his officers obtains information which—

(a)does not fall to be disclosed for the purposes of the investigation or any report to be made in respect of it, and

(b)is to the effect that a person is likely to constitute a threat to the health or safety of patients.]

(1B)In [F6a case within subsection (1)(e)] the Commissioner may disclose the information to any persons to whom he thinks it should be disclosed in the interests of the health and safety of patients [F7; and a person to whom disclosure may be made may, for instance, be a body which regulates the profession to which the person mentioned in subsection (1A)(b) belongs or his employer or any person with whom he has made arrangements to provide services.]

(1C)If a Commissioner discloses information as permitted by subsection (1B) he shall—

[F8(a)where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and

(b)inform the person from whom the information was obtained that he has disclosed it.]]

(2)Neither a Commissioner nor his officers [F9nor his advisers] shall be called on to give evidence in any proceedings, other than proceedings mentioned in subsection (1), of matters coming to his or their knowledge in the course of an investigation under this Act.

[F10(3)The reference in subsection (2) to a Commissioner’s advisers is a reference to persons from whom the Commissioner obtains advice under paragraph 13 of Schedule 1 [F11or paragraph 6(6) of Schedule 1A].]

[F12(4)Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Word in s. 15(1)(c) repealed (1.4.1996) by 1996 c. 5, ss. 11(2), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F2S. 15(1)(e) and preceding word “or” inserted (1.4.1996) by 1996 c. 5, s. 11(2); S.I. 1996/970, art. 2(1)

F3Words in s. 15(1)(e) inserted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(2); S.S.I. 2000/38, art. 2

F5S. 15(1A) repealed (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, ss. 43(3), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F6Words in s. 15(1B) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(4)(a); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F7Words in s. 15(1B) repealed (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, ss. 43(4)(b), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F8S. 15(1C)(a)(b) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(5); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F9Words in s. 15(2) inserted (1.4.1996) by 1996 c. 5, s. 11(4); S.I. 1996/970, art. 2(1)

F12S. 15(4) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 5 (with ss. 56, 78)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources