3. After Article 5 (appointment of acting Commissioner) insert—N.I.
5A.—(1) A person who is a member of a health and [F1social care] body shall not be appointed as the Commissioner or acting Commissioner, and a person so appointed shall not, during his appointment, become a member of such a body.
(2) A person who is a general [F2health care] provider shall not be appointed as the Commissioner or acting Commissioner, and a person so appointed shall not, during his appointment, become a general [F2health care] provider.”.
F1Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
F2Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
4. In Article 6 (staff and expenses) after paragraph (1) insert—N.I.
“(1A) To assist him in—
(a)any investigation pursuant to a complaint under Article 7 where the complaint relates to action taken by or on behalf of a health and [F3social care] body; or
(b)any investigation pursuant to a complaint under Article 8 or 8A.
the Commissioner may obtain advice from any person who, in his opinion, is qualified to give it.
(1B) The Commissioner may pay to any person from whom he obtains advice under paragraph (1A) such fees or allowances as he may determine with the approval of the Department.”.
F3Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2