{
  "url": "https://openlegislation.uk/health-service-commissioners-act-1993/section-10",
  "json_url": "https://openlegislation.uk/health-service-commissioners-act-1993/section-10.json",
  "legislation": "ukpga/1993/46",
  "legislation_title": "Health Service Commissioners Act 1993",
  "legislation_url": "https://openlegislation.uk/health-service-commissioners-act-1993",
  "path": "section/10",
  "kind": "section",
  "number": "10",
  "heading": "Referral of complaint by health service body.",
  "text": "(1) A health service body may itself refer to the 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).\n(2) A complaint may not be so referred unless it was made—\n(a) in writing,\n(b) by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and\n(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.\n(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(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.\n(4) Any question whether a complaint has been duly referred to the Commissioner under this section shall be determined by him.\n(5) A complaint referred to the Commissioner under this section shall be deemed to be duly made to him.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words 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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 10(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1993/46/section/10",
    "retrieved_at": "2026-10-29T09:34:38.799510+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}