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Health Service Commissioners (Amendment) Act 1996

Consolidated Text As Enacted Cited authorities 30 Cited in Amendments 49 Related
Vincent
JurisdictionUK Non-devolved
Citation1996 c. 5
Year1996
  • In the
    • Persons are subject to investigation by the Health Service Commissioner for England if they are persons (whether individuals or bodies) undertaking to provide in England general medical services, general dental services, general ophthalmic services or pharmaceutical services under the Persons are subject to investigation by the Health Service Commissioner for Wales if they are persons (whether individuals or bodies) undertaking to provide in Wales general medical services, general dental services, general ophthalmic services or pharmaceutical services under the National Health Service Act 1977.Persons are subject to investigation by the Health Service Commissioner for Scotland if they are persons (whether individuals or bodies) undertaking to provide in Scotland general medical services, general dental services, general ophthalmic services or pharmaceutical services under the references to a family health service provider are to any person mentioned in subsection (1) , (2) or (3) ;references to family health services are to any of the services so mentioned.they are persons (whether individuals or bodies) providing services in England under arrangements with health service bodies or family health service providers, andthey are not themselves health service bodies or family health service providers.they are persons (whether individuals or bodies) providing services in Wales under arrangements with health service bodies or family health service providers, andthey are not themselves health service bodies or family health service providers.they are persons (whether individuals or bodies) providing services in Scotland under arrangements with health service bodies or family health service providers, andthey are not themselves health service bodies or family health service providers.The services provided under arrangements mentioned in subsection (1) (a) , (2) (a) or (3) (a) may be services of any kind.In this Act references to an independent provider are to any person providing services as mentioned in subsection (1) , (2) or (3) .(1) Section 3 of the 1993 Act (general remit of Commissioners) shall be amended as follows.(2) After subsection (1) there shall be inserted—
    • “(1A) Where a family health service provider has undertaken to provide any family health services and a complaint is duly made to a Commissioner by or on behalf of a person that he has sustained injustice or hardship in consequence of—
    • (a) action taken by the family health service provider in connection with the services,
    • (b) action taken in connection with the services by a person employed by the family health service provider in respect of the services,
    • (c) action taken in connection with the services by a person acting on behalf of the family health service provider in respect of the services, or
    • (d) action taken in connection with the services by a person to whom the family health service provider has delegated any functions in respect of the services,
      • the Commissioner may, subject to the provisions of this Act, investigate the alleged action.
    action taken by the family health service provider in connection with the services,action taken in connection with the services by a person employed by the family health service provider in respect of the services,action taken in connection with the services by a person acting on behalf of the family health service provider in respect of the services, oraction taken in connection with the services by a person to whom the family health service provider has delegated any functions in respect of the services,Where the family health service provider mentioned in subsection (1A) is a member of a recognised fund-holding practice, references there to action taken by any person in connection with family health services include references to action taken by the person concerned in connection with any allotted sum paid to the members of the practice.a failure in the service provided by the independent provider,a failure of the independent provider to provide the service, ormaladministration connected with any other action taken in relation to the service,the independent provider,a person employed by the provider,a person acting on behalf of the provider, ora person to whom the provider has delegated any functions.(3) After subsection (4) there shall be inserted—
    • “(5) Nothing in this Act authorises or requires a Commissioner to question the merits of a decision taken without maladministration by—
    • (a) a family health service provider,
    • (b) a person employed by a family health service provider,
    • (c) a person acting on behalf of a family health service provider, or
    • (d) a person to whom a family health service provider has delegated any functions.
    a family health service provider,a person employed by a family health service provider,a person acting on behalf of a family health service provider, ora person to whom a family health service provider has delegated any functions.an independent provider,a person employed by an independent provider,a person acting on behalf of an independent provider, ora person to whom an independent provider has delegated any functions.
  • Schedule 1 (which contains other provisions relating to family health service providers and independent providers, including provisions consequential on sections 1 and 2) shall have effect.
    • (1) In section 2(3) of the 1993 Act (bodies subject to investigation by Health Service Commissioner for Scotland) the word “and” at the end of paragraph (c) shall be omitted and after paragraph (d) there shall be inserted
      and
    • (e) the Mental Welfare Commission for Scotland
    .    the Mental Welfare Commission for Scotland(2) In section 4(3) of the 1993 Act (no investigation where protective functions of Mental Welfare Commission for Scotland applicable) after “action” there shall be inserted “ by a health service body other than the Mental Welfare Commission for Scotland if it is action ”.(3) After section 7 of the 1993 Act there shall be inserted—
      (7A) Certain functions of Mental Welfare Commission for Scotland.A Commissioner shall not conduct an investigation in respect of action taken by the Mental Welfare Commission for Scotland under section 33 (orders for discharge of hospital patients) , 35I (revocation of community care orders) or 50 (orders discharging patients from guardianship) of the Mental Health (Scotland) Act 1984.
    A Commissioner shall not conduct an investigation in respect of action taken by the Mental Welfare Commission for Scotland under section 33 (orders for discharge of hospital patients) , 35I (revocation of community care orders) or 50 (orders discharging patients from guardianship) of the
  • In section 4 of the 1993 Act (availability of other remedy) after subsection (3) there shall be inserted—
    • “(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.
    • 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, andsubsection (1) , (2) or (3) does not apply as regards the action.

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