73CComplaints about exercise of public health functions by local authorities

1

Regulations may make provision about the handling and consideration of complaints made under the regulations about —

a

the exercise by a local authority of any of its public health functions;

b

the exercise by a local authority of its functions by virtue of section 6C(1) or (3);

c

anything done by a local authority in pursuance of arrangements made under section 7A;

d

the exercise by a local authority of any of its other functions—

i

which relate to public health, and

ii

for which its director of public health has responsibility;

e

the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d).

2

The regulations may provide for a complaint to be considered by one or more of the following—

a

the local authority in respect of whose functions the complaint is made;

b

an independent panel established under the regulations;

c

any other person or body.

3

The regulations may provide for a complaint or any matter raised by a complaint—

a

to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part;

b

to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.

4

Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974.

5

Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.

6

In this section, “local authority” has the same meaning as in section 2B.