Health Service Commissioners Act 1993

Health Service Commissioners U.K.

1 The Commissioners. E+W+S

(1) For the purpose of conducting investigations in accordance with this Act, there shall continue to be—

(a) a Health Service Commissioner for England,

(b) a Health Service Commissioner for Wales, and

(c) a Health Service Commissioner for Scotland.

(2) References in this Act to a Commissioner (or Health Service Commissioner) are, unless the context otherwise requires, to any of the Commissioners.

(3) Schedule 1 has effect with respect to the appointment and remuneration of the Commissioners and other administrative matters.

Health service bodies subject to investigation E+W+S

2 The bodies subject to investigation. E+W+S

(1) The bodies subject to investigation by the Health Service Commissioner for England are—

(a) Regional Health Authorities,

(b) District Health Authorities whose district is in England,

(c) Special Health Authorities to which this section applies exercising functions only or mainly in England,

(d) National Health Service trusts managing a hospital, or other establishment or facility, in England,

(e) Family Health Services Authorities whose locality is in England,

(f) the Dental Practice Board, and

(g) the Public Health Laboratory Service Board.

(2) The bodies subject to investigation by the Health Service Commissioner for Wales are—

(a) District Health Authorities whose district is in Wales,

(b) Special Health Authorities to which this section applies exercising functions only or mainly in Wales,

(c) National Health Service trusts managing a hospital, or other establishment or facility, in Wales, and

(d) Family Health Services Authorities whose locality is in Wales.

(3) The bodies subject to investigation by the Health Service Commissioner for Scotland are—

(a) Health Boards,

(b) National Health Service trusts established under section 12A of the M1 National Health Service (Scotland) Act 1978,

(c) the Common Services Agency for the Scottish Health Service, and

(d) the Scottish Dental Practice Board.

(4) References in this Act to a “health service body” are to any of the bodies mentioned above.

(5) The Special Health Authorities to which this section applies are those—

(a) established on or before 1st April 1974, or

(b) established after that date and designated by Order in Council as ones to which this section applies.

(6) A statutory instrument containing an Order in Council made by virtue of subsection (5)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M1 1978 c. 29.

Valid from 01/04/1996

[F1 Persons subject to investigation] E+W+S

Textual Amendments

F1 Ss. 2A, 2B and crossheading inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

[F2 2A Health service providers subject to investigation. E+W+S

(1) Persons are subject to investigation by the Health Service Commissioner for England if they are persons (whether individuals or bodies) undertaking to provide in England general medical services, general dental services, general ophthalmic services or pharmaceutical services under the M2 National Health Service Act 1977.

(2) Persons are subject to investigation by the Health Service Commissioner for Wales if they are persons (whether individuals or bodies) undertaking to provide in Wales general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health Service Act 1977.

(3) Persons are subject to investigation by the Health Service Commissioner for Scotland if they are persons (whether individuals or bodies) undertaking to provide in Scotland general medical services, general dental services, general ophthalmic services or pharmaceutical services under the M3 National Health Service (Scotland) Act 1978.

(4) In this Act—

(a) references to a family health service provider are to any person mentioned in subsection (1), (2) or (3);

(b) references to family health services are to any of the services so mentioned.]

Textual Amendments

F2 S. 2A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

Marginal Citations

M2 1977 c. 49.

M3 1978 c. 29.

[F3 2B Independent providers subject to investigation. E+W+S

(1) Persons are subject to investigation by the Health Service Commissioner for England if—

(a) they are persons (whether individuals or bodies) providing services in England under arrangements with health service bodies or family health service providers, and

(b) they are not themselves health service bodies or family health service providers.

(2) Persons are subject to investigation by the Health Service Commissioner for Wales if—

(a) they are persons (whether individuals or bodies) providing services in Wales under arrangements with health service bodies or family health service providers, and

(b) they are not themselves health service bodies or family health service providers.

(3) Persons are subject to investigation by the Health Service Commissioner for Scotland if—

(a) they are persons (whether individuals or bodies) providing services in Scotland under arrangements with health service bodies or family health service providers, and

(b) they are not themselves health service bodies or family health service providers.

(4) The services provided under arrangements mentioned in subsection (1)(a), (2)(a) or (3)(a) may be services of any kind.

(5) In this Act references to an independent provider are to any person providing services as mentioned in subsection (1), (2) or (3).]

Textual Amendments

F3 S. 2B and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

Matters subject to investigation E+W+S

3 General remit of Commissioners. E+W+S

(1) On a complaint duly made to a Commissioner by or on behalf of a person that he has sustained injustice or hardship in consequence of—

(a) a failure in a service provided by a health service body,

(b) a failure of such a body to provide a service which it was a function of the body to provide, or

(c) maladministration connected with any other action taken by or on behalf of such a body,

the Commissioner may, subject to the provisions of this Act, investigate the alleged failure or other action.

(2) In determining whether to initiate, continue or discontinue an investigation under this Act, a Commissioner shall act in accordance with his own discretion.

(3) Any question whether a complaint is duly made to a Commissioner shall be determined by him.

(4) Nothing in this Act authorises or requires a Commissioner to question the merits of a decision taken without maladministration by a health service body in the exercise of a discretion vested in that body.

Matters excluded from investigation E+W+S

4 Availability of other remedy. E+W+S

(1) A Commissioner shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had—

(a) a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative, or

(b) a remedy by way of proceedings in any court of law,

unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect that person to resort or have resorted to it.

(2) A Commissioner shall not conduct an investigation in respect of action which has been, or is, the subject of an inquiry under section 84 of the M4 National Health Service Act 1977 or section 76 of the M5 National Health Service (Scotland) Act 1978 (general powers to hold inquiries).

(3) A Commissioner shall not conduct an investigation in respect of action in relation to which the protective functions of the Mental Welfare Commission for Scotland have been, are being or may be exercised under the M6 Mental Health (Scotland) Act 1984.

Marginal Citations

M4 1977 c. 49.

M5 1978 c. 29.

M6 1984 c. 36.

5 Exercise of clinical judgment. E+W+S

(1) A Commissioner shall not conduct an investigation in respect of action taken in connection with—

(a) the diagnosis of illness, or

(b) the care or treatment of a patient,

which, in the opinion of the Commissioner, was taken solely in consequence of the exercise of clinical judgment, whether formed by the person taking the action or any other person.

(2) In subsection (1), “illness” includes a mental disorder within the meaning of the M7 Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 and any injury or disability requiring medical or dental treatment or nursing.

Marginal Citations

M7 1983 c. 20.

6 General health services and service committees. E+W+S

(1) A Commissioner shall not conduct an investigation in respect of action taken in connection with any general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health Service Act 1977 by a person providing those services.

(2) A Commissioner shall not conduct an investigation in respect of action taken by medical practitioners, dental practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II of the National Health Service (Scotland) Act 1978.

(3) A Commissioner shall not conduct an investigation in respect of action taken by a Family Health Services Authority in the exercise of its functions under the M8 National Health Service (Service Committees and Tribunal) Regulations 1992, or any instrument amending or replacing those regulations.

(4) A Commissioner shall not conduct an investigation in respect of action taken by a Health Board in the exercise of its functions under the M9 National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992, or any instrument amending or replacing those regulations.

Marginal Citations

M8 S.I. 1992/664.

M9 S.I. 1992/434.

7 Personnel, contracts etc. E+W+S

(1) A Commissioner shall not conduct an investigation in respect of action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under the M10 National Health Service Act 1977 or the M11 National Health Service (Scotland) Act 1978.

(2) A Commissioner shall not conduct an investigation in respect of action taken in matters relating to contractual or other commercial transactions, except for—

(a) matters relating to NHS contracts (as defined by section 4 of the M12 National Health Service and Community Care Act 1990 and, in relation to Scotland, by section 17A of the National Health Service (Scotland) Act 1978), and

(b) matters arising from arrangements between a health service body and a body which is not a health service body for the provision of services for patients by that body.

(3) In determining what matters arise from arrangements mentioned in subsection (2)(b) the Health Service Commissioners for England and for Wales shall disregard any arrangements for the provision of services at an establishment maintained by a Minister of the Crown mainly for patients who are members of the armed forces of the Crown.

(4) Her Majesty may by Order in Council amend this section so as to permit the investigation by a Commissioner of any of the matters mentioned in subsection (1) or (2).

(5) A statutory instrument containing an Order in Council made by virtue of subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M10 1977 c. 49.

M11 1978 c. 29.

M12 1990 c. 19.

Valid from 01/04/1996

[F4 7A Certain functions of Mental Welfare Commission for Scotland. E+W+S

A Commissioner shall not conduct an investigation in respect of action taken by the Mental Welfare Commission for Scotland under section 33 (orders for discharge of hospital patients), 35I (revocation of community care orders) or 50 (orders discharging patients from guardianship) of the M13 Mental Health (Scotland) Act 1984.]

Textual Amendments

F4 S. 7A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 4(3); S.I. 1996/970, art. 2(1)

Marginal Citations

M13 1984 c. 36.

Complaints E+W+S

8 Individuals and bodies entitled to complain. E+W+S

(1) A complaint under this Act may be made by an individual or a body of persons, whether incorporated or not, other than a public authority.

(2) In subsection (1), “public authority” means—

(a) a local authority or other authority or body constituted for the purposes of the public service or of local government,

(b) an authority or body constituted for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking, and

(c) any other authority or body—

(i) whose members are appointed by Her Majesty or any Minister of the Crown or government department, or

(ii) whose revenues consist wholly or mainly of money provided by Parliament.

9 Requirements to be complied with. E+W+S

(1) The following requirements apply in relation to a complaint made to a Commissioner.

(2) A complaint must be made in writing.

(3) The complaint shall not be entertained unless it is made—

(a) by the person aggrieved, or

(b) where the person by whom a complaint might have been made has died or is for any reason unable to act for himself, by—

(i) his personal representative,

(ii) a member of his family, or

(iii) some body or individual suitable to represent him.

(4) The Commissioner shall not entertain the complaint if it is made more than a year after the day on which the person aggrieved first had notice of the matters alleged in the complaint, unless he considers it reasonable to do so.

(5) Before proceeding to investigate the complaint, the Commissioner shall satisfy himself that—

(a) the complaint has been brought to the notice of the health service body concerned by or on behalf of the person aggrieved, and

(b) that body has been afforded a reasonable opportunity to investigate and reply to the complaint.

(6) The Commissioner shall disregard the provisions of subsection (5) if the complaint is made under subsection (3)(b) on behalf of the person aggrieved by an officer of the health service body in question and the Commissioner is satisfied that in the particular circumstances those provisions ought to be disregarded.

10 Referral of complaint by health service body. E+W+S

(1) A health service body may itself refer to a Commissioner a complaint made to that body that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 3(1).

(2) A complaint may not be so referred unless it was made—

(a) in writing,

(b) by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and

(c) not more than a year after the person aggrieved first had notice of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.

(3) A health service body may not refer a complaint under this section after the period of one year beginning with the day on which the body received the complaint.

(4) Any question whether a complaint has been duly referred to a Commissioner under this section shall be determined by him.

(5) A complaint referred to a Commissioner under this section shall be deemed to be duly made to him.

Investigations U.K.

11 Procedure in respect of investigations. U.K.

(1) Where a Commissioner proposes to conduct an investigation pursuant to a complaint under this Act, he shall afford—

(a) to the health service body concerned, and

(b) to any other person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

(2) An investigation shall be conducted in private.

(3) In other respects, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case, and in particular—

(a) he may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and

(b) he may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(4) A Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—

(a) sums in respect of expenses properly incurred by them, and

(b) allowances by way of compensation for the loss of their time.

Payments under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by the Treasury.

(5) The conduct of an investigation shall not affect any action taken by the health service body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.

(6) Where the person aggrieved has been removed from the United Kingdom under any order in force under the M14 Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

Marginal Citations

M14 1971 c. 77.

12 Evidence. U.K.

(1) For the purposes of an investigation a Commissioner may require any officer or member of the health service body concerned or any other person who in his opinion is able to supply information or produce documents relevant to the investigation to supply any such information or produce any such document.

(2) For the purposes of an investigation a Commissioner shall have the same powers as the Court in respect of—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b) the production of documents.

(3) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation.

(4) The Crown shall not be entitled in relation to an investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5) No person shall be required or authorised by this Act—

(a) to supply any information or answer any question relating to proceedings of the Cabinet or of any Committee of the Cabinet, or

(b) to produce so much of any document as relates to such proceedings;

and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document relates to such proceedings shall be conclusive.

(6) Subject to subsections (3) and (4), no person shall be compelled for the purposes of an investigation to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Court.

13 Obstruction and contempt. U.K.

(1) A Commissioner may certify an offence to the Court where—

(a) a person without lawful excuse obstructs him or any of his officers in the performance of his functions, or

(b) a person is guilty of any act or omission in relation to an investigation which, if that investigation were a proceeding in the Court, would constitute contempt of court.

(2) Where an offence is so certified the Court may inquire into the matter and after hearing—

(a) any witnesses who may be produced against or on behalf of the person charged with the offence, and

(b) any statement that may be offered in defence,

the Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the like offence in relation to the Court.

(3) Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in section 11(5).

Reports U.K.

14 Reports by Commissioners. U.K.

(1) A Commissioner shall send a report of the results of an investigation by him—

(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 health service body concerned,

(d) to any person who is alleged in the complaint to have taken or authorised the action complained of,

(e) if the body concerned is not a District Health Authority for a district in England, to the Secretary of State, and

(f) if that body is a District Health Authority for a district in England, to the Regional Health Authority whose region includes that district.

(2) In any case where a Commissioner decides not to conduct an investigation he shall send a statement of his reasons—

(a) to the person who made the complaint,

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

(c) to the health service body concerned.

(3) If after conducting an investigation it appears to a Commissioner that—

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

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

he may if he thinks fit make a special report to the Secretary of State who shall, as soon as is reasonably practicable, lay a copy of the report before each House of Parliament.

(4) Each of the Commissioners—

(a) shall annually make to the Secretary of State a report on the performance of his functions under this Act, and

(b) may from time to time make to the Secretary of State such other reports with respect to those functions as the Commissioner thinks fit;

and the Secretary of State shall lay a copy of every such report before each House of Parliament.

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

Extent Information

E1 S. 14(5) extends to Northern Ireland see s. 22(2)(a).

Valid from 01/07/1999

[F5 14A Reports by Welsh Commissioner. E+W+S

(1) In any case where the Health Service Commissioner for Wales has conducted an investigation pursuant to a complaint under section 3(1), (1A) or (1C) he shall prepare a report of the results of the investigation and send copies of it—

(a) to the person who made the complaint,

(b) to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or, if he is no longer an Assembly member, to such Assembly member as the Commissioner thinks appropriate), and

(c) to the Assembly First Secretary.

(2) He shall also send a copy of the report—

(a) in the case of a complaint under section 3(1)—

(i) to the health service body who at the time of the report provides the service, or has the function, in relation to which the complaint was made, and

(ii) to any person who is alleged in the complaint to have taken or authorised the action complained of,

(b) in the case of a complaint under section 3(1A)—

(i) to any person by reference to whose action the complaint is made,

(ii) to the family health service provider (if he does not fall within sub-paragraph (i)), and

(iii) to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, and

(c) in the case of a complaint under section 3(1C)—

(i) to any person who is alleged in the complaint to have taken or authorised the action complained of,

(ii) to the independent provider, and

(iii) to the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned.

(3) In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1), (1A) or (1C) he shall prepare a statement of his reasons for not conducting an investigation and shall send copies of it—

(a) to the person who made the complaint, and

(b) to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or, if he is no longer an Assembly member, to such Assembly member as the Commissioner thinks appropriate).]

Textual Amendments

F5 S. 14A and sidenote inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 11 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Valid from 01/07/1999

[F6 14B Action in response to reports by Welsh Commissioner. E+W+S

(1) Where the Assembly First Secretary receives a copy of a report under section 14A(1), he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56 of the Government of Wales Act 1998) for the exercise of any functions of the Assembly relating to the National Health Service.

(2) Where in a report under section 14A(1) the Health Service Commissioner for Wales states that the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1), (1A) or (1C), any body or provider subject to the investigation shall consider the report and within—

(a) the period of three months beginning with the date on which the body or provider received the report, or

(b) such longer period as the Commissioner may agree in writing,

shall notify the Commissioner of the action taken or proposed to be taken.

(3) The Health Service Commissioner for Wales shall prepare a further report if he—

(a) does not receive the notification required by subsection (2) within the period allowed by or under that subsection,

(b) is not satisfied with the action taken or proposed to be taken, or

(c) does not within the period of three months beginning with the end of the period allowed by or under subsection (2), or such longer period as the Commissioner may agree in writing, receive confirmation from the body or provider that action has been taken, as proposed, to his satisfaction.

(4) The further report shall set out those facts and make such recommendations as the Health Service Commissioner for Wales thinks fit to make with respect to action which, in his opinion, should be taken—

(a) to remedy the injustice or hardship to the person aggrieved, and

(b) to prevent similar injustice or hardship being caused in the future;

and a copy of the further report shall be sent to each of the persons to whom a copy of the report under section 14A(1) was sent.

(5) Where the Assembly First Secretary receives a copy of a further report, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56 of the Government of Wales Act 1998) for the exercise of any functions of the Assembly relating to the National Health Service.

(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation relating to the Assembly, he shall also—

(a) lay a copy of it before the Assembly, and

(b) (unless action to the satisfaction of the Health Service Commissioner for Wales has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.

(7) The standing orders of the Assembly must make provision for any motion of which notice has been given pursuant to subsection (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Health Service Commissioner for Wales has been taken or proposed).]

Textual Amendments

F6 S. 14B and sidenote inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 11 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Valid from 01/07/1999

[F7 14C Reports: supplementary. E+W+S

(1) Apart from identifying any body or provider investigated, a report under section 14A(1), a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A shall not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Health Service Commissioner for Wales, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report or further report to mention his name or include such particulars.

(2) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of any matter by the Health Service Commissioner for Wales in a report or statement under section 14A, a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A,

(b) the publication of any matter in communications between—

(i) an Assembly member or a member of the Assembly’s staff or a member or an officer or member of the staff of any other body or provider subject to investigation by the Commissioner, and

(ii) the Commissioner or a member of his staff,

in connection with a complaint to the Commissioner,

(c) the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Commissioner, and

(d) the publication of any matter in communications between any person and the Commissioner or a member of his staff in connection with a complaint by the person to the Commissioner.]

Textual Amendments

F7 S. 14C and sidenote inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 11 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Information and consultation U.K.

15 Confidentiality of information. U.K.

(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), or

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

(2) Neither a Commissioner nor his officers 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.

16 Information prejudicial to the safety of the State. U.K.

(1) A Minister of the Crown may give notice in writing to a Commissioner with respect to any document or information specified in the notice that in the Minister’s opinion the disclosure of the document or information would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(2) Where such a notice is given to a Commissioner, nothing in this Act shall be construed as authorising or requiring him or any of his officers to communicate to any person or for any purpose any document or information specified in the notice.

(3) References above to a document or information include references to a class of document or a class of information.

17 Use of information by Commissioner in other capacity. E+W+S

(1) This section applies where a Commissioner also holds either of the other offices of Health Service Commissioner or the office of Parliamentary Commissioner (an “additional office”).

(2) Where—

(a) a person initiates a complaint to the Commissioner as the holder of the additional office, and

(b) the complaint relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to the Commissioner in his capacity as such,

information obtained by the Commissioner or his officers in the course of or for the purposes of the investigation of that other complaint may be disclosed for the purposes of carrying out his functions in relation to the complaint initiated to him as the holder of the additional office.

18 Consultation during investigations. E+W+S

(1) Where a Commissioner, at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation—

(a) by either of the other Health Service Commissioners under this Act,

(b) by the Parliamentary Commissioner under the M15 Parliamentary Commissioner Act 1967,

(c) by a Local Commissioner under Part III of the M16 Local Government Act 1974, or

(d) by the Commissioner for Local Administration in Scotland under Part II of the M17 Local Government (Scotland) Act 1975,

he shall consult about the complaint with the appropriate Commissioner and, if he considers it necessary, he shall inform the person initiating the complaint of the steps necessary to initiate a complaint to that Commissioner.

(2) Where a Commissioner consults with another Commissioner in accordance with this section, the consultations may extend to any matter relating to the complaint, including—

(a) the conduct of any investigation into the complaint, and

(b) the form, content and publication of any report of the results of such an investigation.

(3) Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information by a Commissioner or his officers in the course of consultations held in accordance with this section.

Marginal Citations

M15 1967 c. 13.

M16 1974 c. 7.

M17 1975 c. 30.

Valid from 30/01/2001

[F8 18A Disclosure of information to Information Commissioner. E+W+S

(1) The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i) Part V of the Data Protection Act 1998 (enforcement),

(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii) Part IV of that Act (enforcement), or

(b) the commission of an offence under—

(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(3) Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.]

Textual Amendments

F8 S. 18A and sidenote inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 6 (with ss. 56, 78)

Supplementary U.K.

19 Interpretation. U.K.

In this Act—

• “action” includes failure to act, and related expressions shall be construed accordingly;

• “the Court” means, in relation to England and Wales, the High Court, in relation to Scotland, the Court of Session, and in relation to Northern Ireland, the High Court in Northern Ireland;

• “functions” includes powers and duties;

• “health service body” has the meaning given by section 2;

• “local authority” means—

  (a)

  in relation to England and Wales, a county, district or London borough council or the Common Council of the City of London,

  (b)

  in relation to Scotland, a regional, district or islands council;

• “officer” includes employee;

• “Parliamentary Commissioner” means Parliamentary Commissioner for Administration;

• “patient” includes an expectant or nursing mother and a lying-in woman; and

• “person aggrieved” means the person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 3(1).

20 Consequential amendments and repeals. E+W+S

(1) Schedule 2 to this Act (which contains amendments consequential on this Act) has effect.

(2) The enactments set out in Schedule 3 are repealed to the extent specified.

21 Transitional provisions. E+W+S

(1) The repeal and re-enactment of provisions in this Act does not affect the continuity of the law.

(2) Anything done, or having effect as if done, under a provision reproduced in this Act has effect as if done under the corresponding provision of this Act.

(3) Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act shall (so far as the context permits) be construed as (according to the context) being or including in relation to times, circumstances or purposes before the commencement of this Act a reference to the corresponding provision repealed in this Act.

(4) Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision repealed in this Act shall (so far as the context permits) be construed as (according to the context) being or including in relation to times, circumstances or purposes after the commencement of this Act a reference to the corresponding provision of this Act.

(5) Subsection (4) is subject to Schedule 2.

22 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Health Service Commissioners Act 1993.

(2) The following provisions of this Act extend to Northern Ireland—

(a) sections 11, 12, 13, 14(5), 15, 16 and this section;

(b) section 19 so far as it relates to provisions mentioned in this subsection;

(c) Schedule 2 so far as it amends any enactment which extends to Northern Ireland; and

(d) Schedule 3 so far as it repeals any enactment which extends to Northern Ireland.

(3) The Secretary of State may by order provide that this Act shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.