- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Health Service Commissioners Act 1993 (c. 46) is amended as follows.
(2)In section 3 (general remit of Commissioner), after subsection (1E) insert—
“(1F)Where a complaint is duly made to the Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body—
(a)in the exercise of any functions under a scheme established under section 1 of the NHS Redress Act 2006,
(b)in connection with a settlement agreement entered into under such a scheme, or
(c)in the exercise of any functions under regulations made under section 14 of that Act (complaints about maladministration in connection with redress scheme),
the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.”
(3)In section 4 (availability of other remedy), in subsection (4)(a)—
(a)for “or (1C)” substitute “, (1C) or (1F)(a) or (b)”, and
(b)after “Act 2003” insert “, under section 14 of the NHS Redress Act 2006”.
(4)In section 7(2) (which excludes contracts from the remit of the Commissioner)—
(a)the word “and” at the end of paragraph (b) is repealed, and
(b)at the end insert “, and
“(d)matters arising from settlement agreements entered into under a scheme established under section 1 of the NHS Redress Act 2006.”
(5)In section 11 (procedure in respect of investigations), in subsection (1C), after “section 3(1E)” insert “or (1F)”.
(6)In section 12 (evidence), in subsection (1A) for “or (1E)” substitute “, (1E) or (1F)”.
(7)In section 14 (reports by the Commissioner) after subsection (2F) insert—
“(2G)In any case where the Commissioner conducts an investigation pursuant to a complaint under section 3(1F) 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)in the case of a complaint under section 3(1F)(c), to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of, and
(e)to the Secretary of State.
(2H)In any case where the Commissioner decides not to conduct an investigation pursuant to a complaint under section 3(1F) 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 (2G)(b).”
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.
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: