Health Service Commissioners Act 1993

Health Service Commissioners Act 1993
Dates
Parliament of the United Kingdom
Long title	An Act to consolidate the enactments relating to the Health Service Commissioners for England, for Wales and for Scotland with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
Citation	1993 c. 46
Introduced by	Lord Mackay
Territorial extent	United Kingdom
Royal Assent	5 November 1993
Status: Current legislation
Text of statute as originally enacted
Text of the Health Service Commissioners Act 1993 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
Revised text of statute as amended

The Health Service Commissioners Act 1993 is an Act of the Parliament of the United Kingdom.

The Act consolidated previous legislation governing the posts of Health Service Commissioner for England, Scotland and Wales.

The three posts were formerly held by a single individual who also served as Parliamentary Commissioner for Administration. However, in 2002, the post of Health Service Commissioner for Scotland was abolished and in 2003, the post of Health Service Commissioner for Wales was transferred to a separate office holder in accordance with devolution. The Health Service Commissioner for England still retains the post of Parliamentary Commissioner for Administration and is more commonly called the Parliamentary and Health Service Ombudsman.

The Ombudsman may investigate health authorities, National Health Service trusts managing hospitals or other facilities, Primary Care Trusts, individuals undertaking medical or dental services, individuals and bodies providing ophthalmic or pharmaceutical services and individuals or bodies providing services under arrangements with the National Health Service.

Under s3(1), the Ombudsman may investigate complaints by or on behalf of any person that he has sustained injustice in consequence of the failure of or in consequence of:

an alleged failure in a service provided by a health service body.
an alleged failure of such a body to provide a service which it was a function of the body to provide.
maladministration connected with any other action taken by or on behalf of such a body.
action taken by a family health service provider who has undertaken to provide any family health services in connection with these services.
an alleged failure in the service provided by an independent provider, an alleged failure by an independent provider to provide a service, or maladministration connected with any other action taken by an independent provider in relation to the service.

Under ss3(4)-(7), the Ombudsman may not question the merits of a decision taken without maladministration in the exercise of discretion except when the decision was taken in consequence of the exercise of clinical judgment.^[1]

Section 14(1) required that when the Ombudsman conducts an investigation, he must send a report to the interested parties, including the complainant and the body complained about.

If it appears to the Ombudsman that the person aggrieved has sustained injustice or hardship in consequence of the action of the body complained about, and the injustice or hardship has not or will not be remedied, he may lay a copy of the report before Parliament under s14(3).

The Ombudsman must lay an annual report before Parliament and may lay other reports from time to time as he sees fit under s14(4).

References

↑ The Ombudsman was empowered to question decisions concerning clinical judgment by the Health Service Commissioners (Amendment) Act 1996

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

Parliamentary and Health Service Ombudsman

Parliamentary Commissioner for Administration	Sir Edmund Compton Sir Alan Marre Sir Idwal Pugh Sir Cecil Clothier Sir Anthony Barrowclough Sir William Reid Sir Michael Buckley Ann Abraham Dame Julie Mellor

Health Service Commissioner for England	Sir Alan Marre Sir Idwal Pugh Sir Cecil Clothier Sir Anthony Barrowclough Sir William Reid Sir Michael Buckley Ann Abraham Dame Julie Mellor

Health Service Commissioner for Scotland (until 2002)	Sir Alan Marre Sir Idwal Pugh Sir Cecil Clothier Sir Anthony Barrowclough Sir William Reid Sir Michael Buckley

Health Service Commissioner for Wales (until 2003)	Sir Alan Marre Sir Idwal Pugh Sir Cecil Clothier Sir Anthony Barrowclough Sir William Reid Sir Michael Buckley Ann Abraham

Legislation	Parliamentary Commissioner Act 1967 National Health Service Reorganisation Act 1973 Health Service Commissioners Act 1993

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