OpenLegislation

Hospital Complaints Procedure Act 1985

1985 c. 42 · Enacted 16 July 1985 · Extends to England, Wales and Scotland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2012.

See the changes not yet applied
ProvisionChangeMade by
s. 1(1)words repealedHealth and Social Care (Community Health and Standards) Act 2003 Sch. 14 Pt. 2
s. 1(1B)repealedHealth and Social Care (Community Health and Standards) Act 2003 Sch. 14 Pt. 2
s. 1(1C)(a)repealedHealth and Social Care (Community Health and Standards) Act 2003 Sch. 14 Pt. 2
s. 1(3)(a)repealedHealth and Social Care (Community Health and Standards) Act 2003 Sch. 14 Pt. 2

F1An Act to oblige health authorities in England and Wales and Health Boards in Scotland to establish a complaints procedure for hospital patients and to draw such a procedure to the attention of patients.

[16th July 1985]

I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Textual amendments

F1

Act repealed (S.) (1.4.2012) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 16, 26(3) (with ss. 18(3), 20); S.S.I. 2012/35, art. 2(a)

Commencement

I1

Act not in force at Royal Assent see s. 2(2)

Contents

  1. 1Hospital complaints procedure.
  2. 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 2Short title, commencement and extent.

1Hospital complaints procedure.C1 E+W

(1)

It shall be the duty of the Secretary of State to give to each F1F2Strategic Health Authority and Health Authority, to each Special Health Authority in England and Wales and to each Health Board in Scotland such directions F3. . . as appear to him necessary for the purpose of securing that, as respects each hospital . . . which that F4Strategic Health Authority,Health Authority, Special Health Authority or BoardF5manage—

(a)

such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and

(b)

such steps are taken for publicising the arrangements so made,

as (in each case) are specified or described in the directions.

F6(1A)

It shall also be the duty of the Secretary of State to give to each NHS trust which F7manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital F8. . . which that NHS trust F9manages—

(a)

such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and

(b)

such steps are taken for publicising the arrangements so made,

as (in each case) are specified or described in the directions.

F10(1B)

It shall also be the duty of the Secretary of State to give to each Primary Care Trust F11and Local Health Boardwhich manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust or Local Health Board manages—

(a)

such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and

(b)

such steps are taken for publicising the arrangements so made,

as (in each case) are specified or described in the directions.

(1C)

In this section, “directions” means—

(a)

in relation to England and Wales, directions under section 17 of the M1National Health Service Act 1977,

(b)

in relation to Scotland, directions under section 2(5) of the M2National Health Service (Scotland) Act 1978.

(2)

No right of appeal, reference or review conferred under this section shall preclude an investigation F12under the Health Service Commissioners Act 1993 in respect of any matter.

(3)

In this section—

(a)

in its application to England and Wales, expressions which are also used in the said Act of 1977 have the same meanings as in that Act;

(b)

in its application to Scotland, expressions which are also used in the said Act of 1978 have the same meanings as in that Act.

1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

2Short title, commencement and extent.

(1)

This Act may be cited as the Hospital Complaints Procedure Act 1985.

C1(2)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)

This Act does not extend to Northern Ireland.