Journal der 834. Sondersitzung des Forums
In the Health Service Commissioners Act 1993 (the 1993 Act) after section 2 there shall be inserted—
Section 3 of the 1993 Act (general remit of Commissioners) shall be amended as follows.
After subsection (1) there shall be inserted—
After subsection (4) there shall be inserted—
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.
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 insertedand .
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 ”.
After section 7 of the 1993 Act there shall be inserted—
In section 4 of the 1993 Act (availability of other remedy) after subsection (3) there shall be inserted—
Section 5 of the 1993 Act (no investigation to be conducted of action taken in consequence of exercise of clinical judgment) shall be omitted.
In section 3 of the 1993 Act (general remit of Commissioners) after subsection (6) (inserted by section 2 above) there shall be inserted—
Section 6 of the 1993 Act (general health services etc.) shall be amended as follows.
The following provisions shall be omitted—
subsection (1) (no investigation to be conducted of action taken by person providing general medical services etc. under National Health Service Act 1977);
subsection (2) (no investigation to be conducted of action taken by medical practitioners etc. in pursuance of contracts under Part II of National Health Service (Scotland) Act 1978).
After subsection (4) there shall be inserted—
Section 7 of the 1993 Act (personnel, contracts etc.) shall be amended as follows.
In subsection (1) (Commissioner not to investigate personnel matters) after “1978” there shall be inserted “ or the National Health Service and Community Care Act 1990 ”.
After subsection (3A) (inserted by Schedule 1 to this Act) there shall be inserted—
In section 9 of the 1993 Act (requirements to be complied with as regards complaints) the following subsections shall be omitted—
subsection (5) (Commissioner must be satisfied that health service body has been afforded reasonable opportunity to investigate complaint);
subsection (6) (subsection (5) to be disregarded in certain circumstances).
Section 14 of the 1993 Act (reports by Commissioners) shall be amended as follows.
In subsection (1) for paragraph (c) there shall be substituted—.
In subsection (2)—
the word “and” shall be inserted at the end of paragraph (a);
paragraph (c) and the word “and” at the end of paragraph (b) shall be omitted.
In subsection (3) for the words from “make a special report” to the end of the subsection there shall be substituted “ lay before each House of Parliament a special report on the case. ”
For subsection (4) there shall be substituted—
Section 15 of the 1993 Act (information) shall be amended as follows.
In subsection (1) (information not to be disclosed except for certain purposes) the word “or” at the end of paragraph (c) shall be omitted and after paragraph (d) there shall be insertedor
After subsection (1) there shall be inserted—
In subsection (2) (neither a Commissioner nor his officers to be called on to give evidence) after “nor his officers” there shall be inserted “ nor his advisers ”.
After subsection (2) there shall be inserted—
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
The enactments set out in Schedule 2 are repealed to the extent there specified.
This Act shall come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.
An order (or different orders) may make different provision—
for different provisions of this Act;
for different purposes, whether framed by reference to different parts of the United Kingdom or otherwise.
An order may provide that a prescribed provision of this Act shall apply in relation to—
action beginning on or after a prescribed date;
action beginning before that date if it can reasonably be said that part of the same action occurs on or after that date.
In subsection (3)—
“action” includes failure to act;
“prescribed” means prescribed by the order.
The following provisions of this Act extend to Northern Ireland—
sections 3, 11, 13, 14 and this section,
Schedule 1 so far as it amends any enactment which extends to Northern Ireland, and
Schedule 2 so far as it repeals any enactment which extends to Northern Ireland.
This Act may be cited as the Health Service Commissioners (Amendment) Act 1996.
Section 3.
The 1993 Act shall be amended as mentioned in the following provisions of this Schedule.
Section 7 (Commissioner not to investigate certain matters) shall be amended as follows. In subsection (2) the word “and” at the end of paragraph (a) shall be omitted. In subsection (2), in paragraph (b) (exception for arrangements between bodies) for the words from “a body which” to the end of the paragraph there shall be substituted “ an independent provider for the provision of services by the provider ”. In subsection (2), after paragraph (b) there shall be insertedand After subsection (3) there shall be inserted—
Section 11 (procedure in respect of investigations) shall be amended as follows. In subsection (1) for “this Act” there shall be substituted “ section 3(1) ”. After subsection (1) there shall be inserted— In subsection (5) after the word “investigation” (where it first appears) there shall be inserted “ pursuant to a complaint under section 3(1) ”. After subsection (5) there shall be inserted—
Section 12 (evidence) shall be amended as follows. In subsection (1) after the word “investigation” (where it first appears) there shall be inserted “ pursuant to a complaint under section 3(1) ”. After subsection (1) there shall be inserted—
Section 14 (reports by Commissioners) shall be amended as follows. In subsection (1) for the words from “A Commissioner” to “by him” there shall be substituted “ In any case where a Commissioner conducts an investigation pursuant to a complaint under section 3(1) he shall send a report of the results of the investigation ”. In subsection (2) after “investigation” there shall be inserted “ pursuant to a complaint under section 3(1) ”. After subsection (2) there shall be inserted— In subsection (3)(a) after “3(1)” there shall be inserted “ , (1A) or (1C) ”.
Section 19 (interpretation) shall be amended as follows. “allotted sum” shall be construed in accordance with section 15 of the National Health Service and Community Care Act 1990 or, in Scotland, section 87B of the National Health Service (Scotland) Act 1978; “family health services” has the meaning given by section 2A; “family health service provider” has the meaning given by section 2A; “independent provider” has the meaning given by section 2B; At the end of the definition of “patient” the word “and” shall be omitted. In the definition of “person aggrieved” after “3(1)” there shall be inserted “ , (1A) or (1C) ”. “recognised fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990 or, in Scotland, section 87A of the National Health Service (Scotland) Act 1978.
In Schedule 1 (the Commissioners) the following paragraph shall be inserted after paragraph 3—
Section 13. Chapter Short title Extent of repeal 1993 c. 46. The Health Service Commissioners Act 1993. In section 2(3) the word “and” at the end of paragraph (c). Section 5. Section 6(1) and (2). In section 7(2) the word “and” at the end of paragraph (a). Section 9(5) and (6). In section 14(2), paragraph (c) and the word “and” at the end of paragraph (b). In section 15(1) the word “or” at the end of paragraph (c). In section 19 the word “and” at the end of the definition of “patient”.