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Health Service Commissioners Act 1993
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- 1993 c. 46
- Persons subject to investigation
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Changes over time for: Cross Heading: Persons subject to investigation
Changes to legislation:
Health Service Commissioners Act 1993, Cross Heading: Persons subject to investigation is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(1F) inserted by 2006 c. 44 s. 15(2)
- s. 7(2)(d) and word inserted by 2006 c. 44 s. 15(4)(b)
- s. 14(2G)(2H) inserted by 2006 c. 44 s. 15(7)
- s. 14(2G)(c) word inserted by 2012 c. 7 Sch. 5 para. 70(6)(a)
- s. 14(2G)(e) and word omitted by 2012 c. 7 Sch. 5 para. 70(6)(b)
[F1 Persons subject to investigation]E+W+S
Textual Amendments
F1Ss. 2A, 2B and crossheading inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)
[F22AHealth service providers subject to investigation.E+W+S
(1)Persons are subject to investigation by [F3the Commissioner] [F4if they are [F5or were at the time of the action complained of]—
(a)persons (whether individuals or bodies) providing services under a contract entered into by them with [F6NHS England] under [F7section 84 [F8, 100 or 117] of the National Health Service Act 2006]
(b)persons (whether individuals or bodies) undertaking to provide in England F9... pharmaceutical services under F10... that Act; [F11or]
(c)individuals performing in England [F12primary] medical services or [F12primary] dental services in accordance with arrangements made under [F13section 92 or 107] of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)]
[F14or
(d)
individuals providing in England local pharmaceutical services in accordance with arrangements made under a pilot scheme established under [F15section 134 of the National Health Service Act 2006] (except as employees of, or otherwise on behalf of, a health service body or an independent provider).]
F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In this Act—
(a)references to a family health service provider are to any person mentioned in [F18subsection (1)];
(b)references to family health services are to any of the services so mentioned.]
Textual Amendments
F2S. 2A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)
F3Words in s. 2A(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 32(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4S. 2A(1)(a)(b)(c) and words in s. 2A(1) substituted for words in s. 2A(1) (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(2); S.I. 1998/631, art. 2(1)(b), Sch. 2
F5Words in s. 2A(1) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(2)(a), 4(2) (with s. 3)
F6Words in s. 2A substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in s. 2A(1)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 166(a) (with Sch. 3 Pt. 1)
F8Words in s. 2A(1)(a) substituted (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 33(a); S.I. 2008/1972, art. 2(b)
F9Words in s. 2A(1)(b) repealed (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 33(b), Sch. 9; S.I. 2008/1972, art. 2(b)
F10Words in s. 2A(1)(b) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 166(b) (with Sch. 3 Pt. 1)
F11Word in s. 2A(1)(b) repealed (E.) (12.12.2002) by S.I. 2002/2861, art. 26(a)
F12Word in s. 2A(1)(c) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 62(2)(b); S.I. 2004/288, art. 5(2)(w) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(aa) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(w) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(aa) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F13Words in s. 2A(1)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 166(c) (with Sch. 3 Pt. 1)
F14S. 2A(1)(d) and the word preceding it inserted (E.) (12.12.2002) by S.I. 2002/2861, art. 26(b)
F15Words in s. 2A(1)(d) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 166(d) (with Sch. 3 Pt. 1)
F16S. 2A(2) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 32(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F17S. 2A(3) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(4)(a)
F18Words in s. 2A(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 32(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
Modifications etc. (not altering text)
C1S. 2A savings for effects of 2003 c. 43, Sch. 11 para. 62-68 (E.S.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), arts. 1(1), 113 (with art. 1(3))
C2S. 2A applied (with modifications) (E.) (1.4.2006) by The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (S.I. 2006/552), reg. 1(1), Sch. 1 para. 11
C3S. 2A(1)(a)(2)(a) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), arts. 1(1), 109(2)(e)
2B Independent providers subject to investigation.E+W+S
(1)Persons are subject to investigation by [F19the Commissioner] if—
(a)they are [F20or were at the time of the action complained of] persons (whether individuals or bodies) providing services in England under arrangements with health service bodies or family health service providers, and
(b)they are not [F21or were not at the time of the action complained of] themselves health service bodies or family health service providers.
[F22(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.]
F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The services provided under arrangements mentioned in [F25subsection (1)(a)] may be services of any kind.
(5)In this Act references to an independent provider are to any person providing services as mentioned in subsection (1) [F26or (1A)].
Textual Amendments
F19Words in s. 2B(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F20Words in s. 2B(1)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(a), 4(2) (with s. 3)
F21Words in s. 2B(1)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(b), 4(2) (with s. 3)
F22S. 2B(1A) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(2), 40(1); S.I. 2010/30, art. 2(b)
F23S. 2B(2)(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F24S. 2B(3) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(5)(a)
F25Words in s. 2B(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F26Words in s. 2B(5) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(3), 40(1); S.I. 2010/30, art. 2(b)
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