Section 26B Procedure for making complaintsF1

(1)

Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—

(a)

in writing, and

(b)

before the end of the permitted period.

(2)

In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—

(a)

the day on which the person affected first had notice of the matter, or

(b)

if the person affected has died without having notice of the matter—

(i)

the day on which the personal representatives of the person affected first had notice of the matter, or

(ii)

if earlier, the day on which the complainant first had notice of the matter.

(3)

A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

Annotations

Textual amendments

F1: Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Notes on Part III

Modifications

C1

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2

Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C3

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5

Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

C6