HL Deb 15 June 1998 vol 590 cc1313-440

AMENDMENTS OF HEALTH SERVICE COMMISSIONERS ACT 1993

1. The Health Service Commissioners Act 1993 has effect subject to the following amendments.

2. In section 1(3) (which introduces Schedule 1), for "the Commissioners and other administrative matters" substitute ", and other administrative matters relating to, the Health Service Commissioner for England and the Health Service Commissioner for Scotland; and Schedule 1A has effect with respect to the appointment and remuneration of, and other administrative matters relating to, the Health Service Commissioner for Wales".

3.—(1) Section 2 (bodies subject to investigation by Health Service Commissioners) is amended as follows.

(2) In subsection (2) (bodies subject to investigation by Health Service Commissioner for Wales), after paragraph (c) insert "and (ca) the National Assembly for Wales ("the Assembly").

(3) In subsection (5)(b) (Special Health Authorities which are subject to investigation by Health Service Commissioner), omit "by Order in Council".

(4) For subsection (6) (procedure for Order in Council) substitute—

"(6) A designation for the purposes of subsection (5)(b) shall be made—

  1. (a) in the case of a Special Health Authority exercising functions only or mainly in Wales, by order made by the Assembly by statutory instrument, and
  2. (b) in any other case, by Order in Council;
and a statutory instrument containing an Order in Council made by virtue of paragraph (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament."

4. In section 2B (independent providers subject to investigation), after subsection (2) insert—

"(2A) Arrangements with the Assembly are not arrangements with a health service body for the purposes of this Act unless they are made in the exercise of a function of the Assembly relating to the National Health Service."

5. In section 3 (remit of Commissioners), after subsection (1) insert—

"(1YA) In the case of the Assembly the Health Service Commissioner for Wales may only conduct an investigation in respect of—

  1. (a) a failure in a service provided by the Assembly in the exercise of a function of the Assembly relating to the National Health Service (an "Assembly health service function"),
  2. (b) a failure of the Assembly to provide a service the provision of which is an Assembly health service function, or
  3. (c) maladministration connected with any other action taken by or on behalf of the Assembly in the exercise of an Assembly health service function."

6. In section 7(1) (exception of action taken in respect of personnel matters), at the end insert "or service as a member of the staff of the Assembly."

7. In section 8(2) (authorities not entitled to make a complaint)—

  1. (a) in paragraph (a), after "government" insert "(including the Assembly)", and
  2. (b) in paragraph (c), after "department" insert "or by the Assembly" and after "Parliament" insert "or the Assembly".

8. In section 10 (referral of complaints by health service bodies), after subsection (2) insert—

"(2A) The Assembly may only refer a complaint under this section if it is in respect of a matter which the Health Service Commissioner for Wales can investigate by virtue of section 3(1YA)."

9. In section 11(4) (payment of expenses etc. by Commissioner)—

  1. (a) after "Payments" insert "made by the Health Service Commissioner for England or the Health Service Commissioner for Scotland", and
  2. (b) at the end insert "; and payments made by the Health Service Commissioner for Wales under this subsection shall be in accordance with such scales and subject to such conditions as may be determined by him."

10.—(1) Section 14 (reports by Commissioners) is amended as follows.

(2) For "a Commissioner" (in each place) substitute "the Health Service Commissioner for England or the Health Service Commissioner for Scotland".

(3) In subsection (4) (annual reports)—

  1. (a) for "Each of the Commissioners" substitute "The Health Service Commissioner for England and the Health Service Commissioner for Scotland", and
  2. (b) after "shall" and "may" insert "each".

(4) In the sidenote, after "by" insert "English and Scottish".

11. After that section insert—

"Reports by Welsh Commissioner.

14A.—(1) In any case where the Health Service Commissioner for Wales has conducted an investigation pursuant to a complaint under section 3(1), (1A) or (1C) he shall prepare a report of the results of the investigation and send copies of it—

  1. (a) to the person who made the complaint,
  2. (b) to any Assembly member who to the Commissioner's knowledge assisted in the making of the complaint (or, if he is no longer an Assembly member, to such Assembly member as the Commissioner thinks appropriate), and
  3. (c) to the Assembly First Secretary.

(2) He shall also send a copy of the report—

  1. (a) in the case of a complaint under section 3(1)—
    1. (i) to the health service body who at the time of the report provides the service, or has the function, in relation to which the complaint was made, and
    2. (ii) to any person who is alleged in the complaint to have taken or authorised the action complained of,
  2. (b) in the case of a complaint under section 3(1A)—
    1. (i) to any person by reference to whose action the complaint is made,
    2. (ii) to the family health service provider (if he does not fall within sub-paragraph (i)). And
    3. (iii) to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, and
  3. (c) in the case of a complaint under section 3(1C)—
    1. (i) to any person who is alleged in the complaint to have taken or authorised the action complained of,
    2. (ii) to the independent provider, and
    3. (iii) to the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned.

(3) In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1), (1A) or (1C) he shall prepare a statement of his reasons for not conducting an investigation and shall send copies of it—

  1. (a) to the person who made the complaint, and
  2. (b) to any Assembly member who to the Commissioner's knowledge assisted in the making of the complaint (or, if he is no longer an Assembly member, to such Assembly member as the Commissioner thinks appropriate).

Action in response to reports by Welsh Commissioner.

14B.—(1) Where the Assembly First Secretary receives a copy of a report under section 14A(1), he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 57 of the Government of Wales Act 1998) for the exercise of any functions of the Assembly relating to the National Health Service.

(2) Where in a report under section 14A(1) the Health Service Commissioner for Wales states that the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1), (1A) or (1C), any body or provider subject to the investigation shall consider the report and within—

  1. (a) the period of three months beginning with the date on which the body or provider received the report, or
  2. (b) such longer period as the Commissioner may agree in writing,
shall notify the Commissioner of the action taken or proposed to be taken.

(3) The Health Service Commissioner for Wales shall prepare a further report if he—

  1. (a) does not receive the notification required by subsection (2) within the period allowed by or under that subsection,
  2. (b) is not satisfied with the action taken or proposed to be taken, or
  3. (c) does not within the period of three months beginning with the end of the period allowed by or under subsection (2), or such longer period as the Commissioner may agree in writing, receive confirmation from the body or provider that action has been taken, as proposed, to his satisfaction.

(4) The further report shall set out those facts and make such recommendations as the Health Service Commissioner for Wales thinks fit to make with respect to action which, in his opinion, should be taken—

  1. (a) to remedy the injustice or hardship to the person aggrieved, and
  2. (b) to prevent similar injustice or hardship being caused in the future;
and a copy of the further report shall be sent to each of the persons to whom a copy of the report under section 14A(1) was sent.

(5) Where the Assembly First Secretary receives a copy of a further report, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 57 of the Government of Wales Act 1998) for the exercise of any functions of the Assembly relating to the National Health Service.

(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation relating to the Assembly, he shall also—

  1. (a) lay a copy of it before the Assembly, and
  2. (b) (unless action to the satisfaction of the Health Service Commissioner for Wales has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.

(7) The standing orders of the Assembly must make provision for any motion of which notice has been given pursuant to subsection (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Health Service Commissioner for Wales has been taken or proposed).

Reports: supplementary.

14C.—(1) Apart from identifying any body or provider investigated, a report under section 14A(1), a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A shall not—

  1. (a) mention the name of any person, or
  2. (b) include any particulars which, in the opinion of the Health Service Commissioner for Wales, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,
unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report or further report to mention his name or include such particulars.

(2) For the purposes of the law of defamation, the following are absolutely privileged—

  1. (a) the publication of any matter by the Health Service Commissioner for Wales in a report or statement under section 14A, a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A,
  2. (b) the publication of any matter in communications between—
    1. (i) an Assembly member or a member of the Assembly's staff or a member or an officer or member of the staff of any other body or provider subject to investigation by the Commissioner, and
    2. (ii) the Commissioner or a member of his staff,
    in connection with an investigation by the Commissioner,
  3. (c) the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Commissioner, and
  4. (d) the publication of any matter in communications between any person and the Commissioner or a member of his staff in connection with a complaint by the person to the Commissioner."

12. In section 15(3) (interpretation of reference to a Commissioner's advisers), insert at the end "or paragraph 6(6) of Schedule 1A".

13. In section 17(1) (use of information by Commissioner in other capacity), after "Health Service Commissioner" insert ", the office of Welsh Administration Ombudsman".

14.—(1) Section 18 (consultation with other Commissioners) is amended as follows.

(2) In subsection (1) (duty to consult), after paragraph (b) insert— (ba) by the Welsh Administration Ombudsman under the Government of Wales Act 1998,",. and after "Commissioner", in both places where it appears in the words following paragraph (d), insert "or the Ombudsman".

(3) In subsection (2) (matters which may be covered by consultation), after "another Commissioner" insert "or the Welsh Administration Ombudsman".

(4) In subsection (3) (confidentiality), omit "by a Commissioner or his officers".

15.—(1) Section 19 (interpretation) is amended as follows.

(2) After the definition of "allotted sum" insert— "the Assembly" means the National Assembly for Wales;".

(3) In the definition of "officer", insert at the end "and, in the case of sthe Health Service Commissioner for Wales, any member of his staff;".

16.—(1) Schedule 1 (the Commissioners) is amended as follows.

(2) In the heading, before "COMMISSIONERS" insert "ENGLISH AND SCOTTISH".

(3) Before paragraph 1 insert—

"Introductory

A1. In this Schedule references to a Commissioner (or Health Service Commissioner) are to the Health Service Commissioner for England or the Health Service Commissioner for Scotland or to either of those Commissioners (as the context requires)."

(4) In paragraph 2(1) (acting Commissioners), for "Where any" substitute "Where either".

(5) In paragraphs 3(2)(a) and 3A(2)(a) (ineligibility of certain persons for appointment), omit "or for Wales".

(6) In paragraph 6 (salary of person holding more than one office)—

  1. (a) in sub-paragraph (1)(b), for "one or more" substitute "either or both", and
  2. (b) in sub-paragraph (2), for "two or more" substitute "both".

(7) Omit paragraph 11(2) (staff of Welsh Commissioner).

(8) In paragraph 12 (performance of functions of Commissioner by officers of another Commissioner), for "another Commissioner or the Parliamentary Commissioner" substitute "the other Commissioner, the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman".

17. After that Schedule insert—

SECTION 1(3)

  1. SCHEDULE 1A
      2. cc1318-73
    1. THE WELSH COMMISSIONER 26,845 words
    cc1373-5
  2. PART AI 622 words
    3. c1375
  3. In the Title 41 words
    4. cc1376-87
  4. National Minimum Wage Bill 6,405 words
    5. cc1388-94
  5. Fire Regulations, Scotland 3,491 words
    6. cc1394-440
  6. National Minimum Wage Bill 22,923 words
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