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Health Service Commissioners Act 1993
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Changes over time for: Section 4
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Health Service Commissioners Act 1993, Section 4 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 Section 4:
- s. 4(4)(a) words inserted by 2006 c. 44 s. 15(3)(b)
- s. 4(4)(a) words substituted by 2006 c. 44 s. 15(3)(a)
- s. 4(6) repealed by 2003 c. 43 Sch. 14 Pt. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(1F) inserted by 2006 c. 44 s. 15(2)
- s. 7(2)(d) and word inserted by 2006 c. 44 s. 15(4)(b)
- s. 14(2G)(2H) inserted by 2006 c. 44 s. 15(7)
- s. 14(2G)(c) word inserted by 2012 c. 7 Sch. 5 para. 70(6)(a)
- s. 14(2G)(e) and word omitted by 2012 c. 7 Sch. 5 para. 70(6)(b)
4 Availability of other remedy.E+W+S
(1)[F1The 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)[F1The 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 M1National Health Service Act 1977 or section 76 of the M2National Health Service (Scotland) Act 1978 (general powers to hold inquiries).
(3)A Commissioner shall not conduct an investigation in respect of action [F2by a health service body other than the Mental Welfare Commission for Scotland if it is 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 M3Mental Health (Scotland) Act 1984.
[F3(4)Subsection (5) applies where—
(a)action by reference to which a complaint is made under section 3(1), (1A) or (1C) is action by reference to which a complaint can be made [F4under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or] under a procedure operated by a health service body, a family health service provider or an independent provider, and
(b)subsection (1), (2) or (3) does not apply as regards the action.
(5)In such a case [F5the Commissioner] shall not conduct an investigation in respect of the action unless he is satisfied that—
(a)the other procedure has been invoked and exhausted, or
(b)in the particular circumstances it is not reasonable to expect that procedure to be invoked or (as the case may be) exhausted.
(6)Section 1(2) of the M4Hospital Complaints Procedure Act 1985 (which provides that no right of appeal etc. conferred under section 1 of that Act is to preclude an investigation under this Act) shall have effect subject to subsection (5) above.]
Textual Amendments
F1Words in s. 4(1)(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 36(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2Words in S. 4(3) inserted (1.4.1996 with application as mentioned in art. 2(2) of S.I. 1996/970) by 1996 c. 5, s. 4(2); S.I. 1996/970, art. 2(1)
F3S. 4(4)-(6) inserted (1.4.1996) by 1996 c. 5, s. 5; S.I. 1996/970, art. 2(1)
F4Words in s. 4(4)(a) inserted (1.6.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 11(2); S.I. 2004/759, art. 7
F5Words in s. 4(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 36(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
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