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 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 a 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 M1Hospital 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.