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Health Service Commissioners Act 1993
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Health Service Commissioners Act 1993, Section 10 is up to date with all changes known to be in force on or before 29 January 2025. 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.
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Changes and effects yet to be applied to Section 10:
- 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)
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)
10 Referral of complaint by health service body.E+W+S
(1)A health service body may itself refer to [F1the Commissioner] a complaint made to that body that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 3(1).
(2)A complaint may not be so referred unless it was made—
(a)in writing,
(b)by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and
(c)not more than a year after the person aggrieved first had notice of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.
F2(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A health service body may not refer a complaint under this section after the period of one year beginning with the day on which the body received the complaint.
(4)Any question whether a complaint has been duly referred to [F1the Commissioner] under this section shall be determined by him.
(5)A complaint referred to [F1the Commissioner] under this section shall be deemed to be duly made to him.
Textual Amendments
F1Words in s. 10(1)(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2S. 10(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
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