# Health Service Commissioners Act 1993, Section 11: Procedure in respect of investigations.

Extent: E+W+S+N.I.

(1) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1), he shall afford—
(a) to the health service body concerned, and
(b) to any other person who is alleged in the complaint to have taken or authorised the action complained of,
an opportunity to comment on any allegations contained in the complaint.
(1A) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1A), he shall afford—
(a) to the family health service provider, and
(b) to any person by reference to whose action the complaint is made (if different from the family health service provider),
an opportunity to comment on any allegations contained in the complaint.
(1B) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1C), he shall afford—
(a) to the independent provider concerned, and
(b) to any other person who is alleged in the complaint to have taken or authorised the action complained of,
an opportunity to comment on any allegations contained in the complaint.
(1C) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.
(2) An investigation shall be conducted in private.
(3) In other respects, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case, and in particular—
(a) he may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and
(b) he may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.
(4) The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—
(a) sums in respect of expenses properly incurred by them, and
(b) allowances by way of compensation for the loss of their time.
Payments made by the Commissioner ... under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by the Treasury ....
(5) The conduct of an investigation pursuant to a complaint under section 3(1) shall not affect any action taken by the health service body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.
(5A) The conduct of an investigation pursuant to a complaint under section 3(1A) or (1C) shall not affect any action taken by the family health service provider or independent provider concerned, or any power or duty of that provider to take further action with respect to any matters subject to the investigation.
(6) Where the person aggrieved has been removed from the United Kingdom under any order in force under the Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

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Source: https://www.legislation.gov.uk/ukpga/1993/46/section/11 (the official version)
Page: https://openlegislation.uk/health-service-commissioners-act-1993/section-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.