Section 26D Matters coming to attention of Local CommissionerF1

England and Wales

(1)

This section applies to a matter which has come to the attention of a Local Commissioner if—

(a)

the matter came to his attention during the course of an investigation under this Part F2or Part 3A of this Act,

(b)

(subject to subsection (3)) the matter came to his attention—

(i)

before the person affected or his personal representatives had notice of the matter, or

(ii)

in any other case, before the end of the permitted period, and

(c)

it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2)

In subsection (1)(b)(ii), “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, the day on which the personal representatives of the person affected first had notice of the matter.

(3)

A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

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))
F2: Words in s. 26D(1)(a) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 7; S.I. 2010/1863, art. 2

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