Part 1

Quality and delivery of NHS services in England
Chapter 3

Direct payments

Jurisdiction of Health Service Commissioner
12
1
The Health Service Commissioners Act 1993 (c. 46) is amended as follows.
2
In section 2B (independent providers subject to investigation) after subsection (1) insert—
1A
Persons are subject to investigation by the Commissioner if—
a
they are, or were at the time of the action complained of, providing direct payment services, and
b
they are not, or were not at the time of the action complained of, health service bodies.
3
In subsection (5) of that section after “subsection (1)” insert “or (1A)”.
4
In section 3(1C) (complaints against independent providers) after “(of whatever kind)” insert “, or has undertaken to provide direct payment services,”.
5
In section 7(2) (contractual or commercial transactions) after paragraph (a) insert—
aa
matters arising from arrangements for the provision of direct payment services,
.
6
In section 14 (reports by the Commissioner), in subsection (2C)(e) after “independent provider” insert “(in a case within section 2B(1))”.
7
In section 19 (interpretation) after the definition of “the Court” insert—
- “direct payment services” means services in respect of which direct payments have been made under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006;
.