Section 2B Independent providers subject to investigation.

England, Wales and Scotland

(1)

Persons are subject to investigation by F1the Commissioner if—

(a)

they are F2or 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 F3or were not at the time of the action complained of themselves health service bodies or family health service providers.

F4(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.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The services provided under arrangements mentioned in F7subsection (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) F8or (1A).

Annotations

Textual amendments

F1: Words 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)
F2: Words in s. 2B(1)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(a), 4(2) (with s. 3)
F3: Words in s. 2B(1)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(b), 4(2) (with s. 3)
F4: S. 2B(1A) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(2), 40(1); S.I. 2010/30, art. 2(b)
F5: S. 2B(2)(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 33(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F6: S. 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)
F7: Words 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)
F8: Words 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)

Notes on the whole Act

Textual amendments

F1: Act repealed (S.) (23.10.2002) by 2002 asp 11, s. 25(1), Sch. 6 para. 14 (with savings in Sch. 7); S.S.I. 2002/467, art. 2

Notes on Persons subject to investigation

Textual amendments

F1: Ss. 2A, 2B and crossheading inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)