(1)[F1The 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 [F2the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] F3....
(2)[F4The 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 [F5section 9 of the National Health Service Act 2006] F6...), F7...
[F8(aa)matters arising from arrangements for the provision of direct payment services,]
(b)matters arising from arrangements between a health service body and [F9an independent provider for the provision of services by the provider] [F10and
(c)matters arising from arrangements between a family health service provider and an independent provider for the provision of services by the independent provider.]
(3)In determining what matters arise from arrangements mentioned in subsection (2)(b) [F11the Commissioner] 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.
[F12(3A)[F13The Commissioner] shall not conduct an investigation in pursuance of a complaint if—
(a)the complaint is in respect of action taken in any matter relating to arrangements made by a health service body and a family health service provider for the provision of family health services,
(b)the action is taken by or on behalf of the body or by the provider, and
(c)the complaint is made by the provider or the body.]
[F14(3B)Nothing in the preceding provisions of this section prevents [F15the Commissioner] conducting an investigation in respect of action taken by a health service body in operating a procedure established to examine complaints.]
(4)Her Majesty may by Order in Council amend this section so as to permit the investigation by [F16the 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.
Textual Amendments
F1Words in s. 7(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(2)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2Words in s. 7(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 168(a) (with Sch. 3 Pt. 1)
F3Words in s. 7(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(2)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4Words in s. 7(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F5Words in s. 7(2)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 168(b) (with Sch. 3 Pt. 1)
F6Words in s. 7(2)(a) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(6)
F7Word in s. 7(2)(a) repealed (1.4.1996) by 1996 c. 5, ss. 3, 13, Sch. 1 para. 2(2), Sch. 2; S.I. 1996/970, art. 2(1)
F8S. 7(2)(aa) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(5), 40(1); S.I. 2010/30, art. 2(b)
F9Words in s. 7(2)(b) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(3); S.I. 1996/970, art. 2(1)
F10S. 7(2)(c) and preceding word “and” inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(4); S.I. 1996/970, art. 2(1)
F11Words in s. 7(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F12S. 7(3A) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 2(5); S.I. 1996/970, art. 2(1)
F13Words in s. 7(3A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(5) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F14S. 7(3B) inserted (1.4.1996) by 1996 c. 5, s. 8(3); S.I. 1996/970, art. 2(1)
F15Words in s. 7(3B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F16Words in s. 7(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 38(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)