OpenLegislation

Section 1 Hospital complaints procedure.C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

Annotations

Textual amendments

F1

Words in s. 1(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 109(2)(a) (with Sch. 2 paras. 6, 16)

F2

Words in s. 1(1) substituted (1.10.2002 for E.W.) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 37(a); S.I. 2002/2478, art. 3(1)(a)(c)

F3

Words in s. 1(1) repealed by 1999 c. 8, s. 65, Sch. 4 para. 71(a), Sch. 5 (the repeal being brought into force: for Scotland on 1.10.1999 by SS.I. 1999/90, art. 2, Sch. 2; for England to the extent that the words are omitted by virtue of Sch. 4 para. 71(a) of the amaending Act on 1.10.1999 by S.I. 1999/2540, and, to the extent that the words are repealed by Sch. 5 of the amending Act, on 1.4.2000 by S.I. 2000/1041, art. 2; and for Wales on 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.

F4

Words in s. 1(1) inserted (1.10.2002 for E.W.) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 37(b); S.I. 2002/2478, art. 3(1)(a)(c)

F5

Word in s. 1(1) substituted (E.)(S.) (1.10.1999) and (W.) (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 71(a); S.S.I 1999/90, art. 2(b); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1026, art. 2, Sch.

F6

S. 1(1A) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 109(2)(b) (with Sch. 2 paras. 6, 16)

F7

Word in s. 1(1A) substituted (E.)(S.) (1.10.1999) and (W.) (1.4.2000) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 71(b); S.S.I. 1999/90, art. 2(b); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1026, art. 2, Sch.

F8

Words in s. 1(1A) repealed (E.)(S.) (1.10.1999) and (W.) (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 71(b); S.S.I. 1999/90, art. 2, Sch. 2; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1026, art. 2, Sch.

F9

Word in s. 1(1A) substituted (E.)(S.) (1.10.1999) and (W.) (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 71(b); S.S.I. 1999/90, art. 2(b); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1026, art. 2, Sch.

F10

S. 1(1B)(1C) inserted (E.) (1.10.1999 for specified purposes and otherwise 4.1.2000), (S.) (1.10.1999) and otherwise (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 71(c); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/2540, art. 2(1)(a), Sch. 1;

F11

Words in s. 1(1B) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 26; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F12

Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7

Marginal citations

M1

1977 c.49.

M2

1978 c.29.

Modifications

C1

S. 1: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1

Notes on the whole Act

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)