Section 9 Requirements to be complied with.

England, Wales and Scotland

(1)

The following requirements apply in relation to a complaint made to F1the Commissioner.

(2)

A complaint must be made in writing.

(3)

The complaint shall not be entertained unless it is made—

(a)

by the person aggrieved, or

(b)

where the person by whom a complaint might have been made has died or is for any reason unable to act for himself, by—

(i)

his personal representative,

(ii)

a member of his family, or

(iii)

some body or individual suitable to represent him.

(4)

The Commissioner shall not entertain the complaint if it is made more than a year after the day on which the person aggrieved first had notice of the matters alleged in the complaint, unless he considers it reasonable to do so.

F2(4A)

In the case of a complaint against a person who is no longer of a description set out in F3section 2A(1), but was of such a description at the time of the action complained of, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was a family health service provider.

(4B)

In the case of a complaint against a person falling within F4section 2B(1) in relation to whom there are no longer any such arrangements as are mentioned there, the Commissioner shall not entertain the complaint if it is made more than three years after the last day on which the person was an independent provider.

F5(5)

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F6(6)

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Annotations

Textual amendments

F1: Words in s. 9(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2: S. 9(4A)(4B) inserted (23.2.2001) by 2000 c. 28, ss. 2, 4(2) (with s. 3)
F3: Words in s. 9(4A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4: Words in s. 9(4B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 39(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F5: S. 9(5) repealed (1.4.1996) by 1996 c. 5, ss. 9(a), 13, Sch. 2; S.I. 1996/970, art. 2(1)
F6: S. 9(6) repealed (1.4.1996) by 1996 c. 5, ss. 9(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

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F1: Act repealed (S.) (23.10.2002) by 2002 asp 11, s. 25(1), Sch. 6 para. 14 (with savings in Sch. 7); S.S.I. 2002/467, art. 2