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| "Time limit on making of complaints. | 3A. A complaint made under section 3 above may not be acted upon by the Commissioner if it is made more than three years after the event giving rise to the complaint.".'.
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Specialisms of providers
Mr Eric Forth
NC2
To move the following Clause:—' . Section 2A of the Health Service Commissioners Act 1993 is further amended, by inserting in subsection (1), after the words "opthalmic services" the words ", psychiatric services,".'.
Specialisms of providers (No. 2)
Mr Eric Forth
NC3
To move the following Clause:—' . Section 2A of the Health Service Commissioners Act 1993 is further amended, by inserting in subsection (1), after the words "opthalmic services" the words ", prescribed techniques or technologies,".'.
Time limit on making of complaints (No. 2)
Mr Eric Forth
NC4
To move the following Clause:—' . Complaints may be made under section 3(1) of the Health Service Commissioners Act 1993 (general remit of Commissioners) for a period not exceeding three years following the retirement or resignation from the National Health Service of the person who is the subject of the complaint.'.
Requirements to be complied with
Mr Secretary Milburn
NC5
To move the following Clause:—'. In section 9 of the Health Service Commissioners Act 1993 (requirements to be complied with), after subsection (4) there is inserted—
- "(4A) In the case of a complaint against a person who is no longer of a description set out in section 2A(1) or (2), 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 section 2B(1) or (2) 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."'.
Transitional provision
Mr Secretary Milburn
NC6
To move the following Clause:—'. Where before the coming into force of this Act a complaint has been made to a Health Service Commissioner which he has declined to entertain on the ground that the person complained against—
- (a) was no longer of a description set out in section 2A(1) or (2) of the Health Service Commissioners Act 1993, or
- (b) no longer fell within section 2B(1) or (2) of that Act,
the amendments made by this Act do not enable that complaint to be revived, or a new complaint arising out of the same matters to be entertained.'.
Time limit on making of complaints about providers who have retired or resigned
Mr Andrew Dismore
NC7
To move the following Clause:—' . The limitation for a complaint under section 3(1) of the Health Service Commissioners Act 1993 (general remit of Commissioners) shall be the same as that which applies to an action for clinical negligence at common law, notwithstanding that the person the subject of the complaint has resigned or retired from the National Health Service.'.
Publication of certain reports
Mr Andrew Dismore
NC8
To move the following Clause:—' .—(1) In the event of a person the subject of a complaint under the Health Service Commissioners Act 1993—
- (a) retiring or resigning from the National Health Service after the complaint was made; or
- (b) having retired or resigned from the National Health Service before the complaint was made
the Commissioner shall publish his report (if any) within six months of receipt of the complaint by the Commissioner.
(2) Subsection (1) shall not apply in the event that the person the subject of the complaint has in the opinion of the Commissioner failed to co-operate with the investigation.
(3) If subsection (2) applies, the Commissioner shall in any event publish his report (if any) within one year of the complaint by the Commissioner.'.
Mr Andrew Dismore
1
Page 1, line 14 [Clause 1], at end insert—
- '(aa) in paragraph (a) of subsection (1) the words "under Part II of the National Health Service Act 1977" are omitted;'.
Mr Andrew Dismore
2
Page 1, line 18 [Clause 1], at end insert—
- '(ca) in paragraph (a) of subsection (2) the words "under Part II of the National Health Service Act 1977" are omitted;'.
Mr Andrew Dismore
3
Page 1, line 20 [Clause 1], at end insert—
- '(da) in paragraph (a) of subsection (3) the words "under Part II of the National Health Service Act 1977" are omitted;'.
Mr Andrew Dismore
4
Page 1, line 20 [Clause 1], at end insert—'(4) In section 3 (general remit of Commissioners)—
- (a) at the end of subsection (1) insert "or refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint";
- (b) at the end of subsection (1A) insert "or refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint";
- (c) at the end of subsection (1C) insert "or refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint".'.
Mr Andrew Dismore
5
Page 1, line 20 [Clause 1], at end insert—'(4) Paragraph (b) of subsection (1) of section 4 (availability of other remedy) is omitted.'.
Mr Andrew Dismore
6
Page 1, line 20 [Clause 1], at end insert—'(4) In subsection (1) of section 5 (exercise of clinical judgment) after the word "investigation" insert "but may refer the complaint to the professional body of the registered medical practitioner, dentist or nurse'.
Mr Andrew Dismore
7
Page 1, line 20 [Clause 1], at end insert—'(4) After section 14C (reports: supplementary) insert—
| "Remedies available to Commissioner. | 14D. In any report published under section 14, 14A, 14B or 14C, a Commissioner may order that—
(b) the complainant should receive—
from any health body or registered medical practitioner, dentist or nurse criticised in the report.".'.
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Mr Andrew Dismore
8
Page 1, line 20 [Clause 1], at end insert—'(4) After section 14C (reports: supplementary) insert—
| "Time limits for investigations. | 14D. Any report to be published under section 14, 14A, 14B or 14C shall be published within six months of receipt of the complaint by the Commissioner.".'.
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Mr Andrew Dismore
9
Page 1, line 20 [Clause 1], at end insert—'(4) After section 3 (general remit of Commissioners) insert—
| "Investigations raising issues within remit of Commissioner for Local Administration. | 3A.—(1) If, during the course of an investigation under this Act, the Commissioner believes it is necessary to look into an issue relating to care provided by a local authority to enable him properly to complete his investigation under this Act, the Commissioner shall be entitled to adopt the powers of the Commissioner for Local Administration to the extent that it is necessary for him to do so, so as to complete that investigation. (2) If the Commissioner decides to use the powers afforded by subsection (1) he shall—
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Mr Andrew Dismore
10
Page 1, line 20 [Clause 1], at end insert—'(4) After section 18 (consultation during investigations) insert—
| "Power and obligation to advise. | 18A. If, during the course of his duties the Commissioner believes he should give advice to—
(b) a health authority; (c) a NHS trust;
he shall do so.".'. |
Mr Andrew Dismore
12
Page 1, line 20 [Clause 1], at end insert—'(4) In section 3 (general remit of Commissioners)—
- (a) at the end of subsection (1) insert "or, in the event that the person the subject of the complaint has retired or resigned from the National Health Service, refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint;"
- (b) at the end of subsection (1A) insert "or, in the event that the person the subject of the complaint has retired or resigned from the National Health Service, refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint;"
- (c) at the end of subsection (1C) insert "or, in the event that the person the subject of the complaint has retired or resigned from the National Health Service, refer the complaint to the professional body of the registered medical practitioner, dentist or nurse who is the subject of the complaint".'.
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