National Health Service Reform and Health Care Professions Act 2002

28 Complaints about regulatory bodies U.K.

(1) [F1 The Privy Council] may make provision in regulations about the investigation by the [F2 Authority] of complaints made to it about the way in which a regulatory body [F3 other than Social Work England] has exercised any of its functions.

(2) The regulations may, in particular, make provision as to—

(a) who (or what description of person) is entitled to complain,

(b) the nature of complaints which the [F4 Authority] must (or need not) investigate,

(c) matters which are excluded from investigation,

(d) requirements to be complied with by a person who makes a complaint,

(e) the procedure to be followed by the [F5 Authority] in investigating complaints,

(f) the making of recommendations or reports by the [F5 Authority] following investigations,

(g) the confidentiality, or disclosure, of any information supplied to the [F5 Authority] or acquired by it in connection with an investigation,

(h) the use which the [F5 Authority] may make of any such information,

(i) the making of payments to any persons in connection with investigations,

(j) privilege in relation to any matter published by the [F6 Authority] in the exercise of its functions under the regulations.

(3) The regulations may also make provision—

(a) empowering the [F7 Authority] to require persons to attend before it,

(b) empowering the [F7 Authority] to require persons to give evidence or produce documents to it,

(c) about the admissibility of evidence,

(d) enabling the [F8 Authority] to administer oaths.

(4) No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the [F9 Authority] which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

Textual Amendments

F1 Words in s. 28(1) substituted (16.3.2015) by Health and Social Care Act 2012 (c. 7), ss. 225(2), 306(4); S.I. 2015/409, art. 2

F2 Word in s. 28(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F3 Words in s. 28(1) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 14; S.I. 2019/1436, reg. 2(r)

F4 Word in s. 28(2)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F5 Words in s. 28(2)(e)(f)(g)(h) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F6 Word in s. 28(2)(j) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F7 Words in s. 28(3)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F8 Word in s. 28(3)(d) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F9 Word in s. 28(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

Commencement Information

I1 S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)