Health Service Commissioners Act 1993
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Change 1
4 Availability of other remedy.
(1) The Commissioner shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had— (a) a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative, or (b) a remedy by way of proceedings in any court of law, unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect that person to resort or have resorted to it. (2) The Commissioner shall not conduct an investigation in respect of action which has been, or is, the subject of an inquiry under section 84 of the National Health Service Act 1977 or section 76 of the National Health Service (Scotland) Act 1978 (general powers to hold inquiries). (3) A Commissioner shall not conduct an investigation in respect of action by a health service body other than the Mental Welfare Commission for Scotland if it is action in relation to which the protective functions of the Mental Welfare Commission for Scotland have been, are being or may be exercised under the Mental Health (Scotland) Act 1984. (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 section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or 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 the 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 Hospital 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.
4 Availability of other remedy.
(1) The Commissioner shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had— (a) a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative, or (b) a remedy by way of proceedings in any court of law, unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect that person to resort or have resorted to it. (2) The Commissioner shall not conduct an investigation in respect of action which has been, or is, the subject of an inquiry under section 84 of the National Health Service Act 1977 or section 76 of the National Health Service (Scotland) Act 1978 (general powers to hold inquiries). (3) A Commissioner shall not conduct an investigation in respect of action by a health service body other than the Mental Welfare Commission for Scotland if it is action in relation to which the protective functions of the Mental Welfare Commission for Scotland have been, are being or may be exercised under the Mental Health (Scotland) Act 1984. (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 section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or 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 the 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 Hospital 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.
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