Paragraph 34 National Health Service (Complaints) Regulations 2004

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

Sch. 1 para. 28-30 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
Sch. 1 para. 16 revoked by Church of England Pensions Measure 2018 Sch. 5
Sch. 1 para. 36 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
sch 1 rev in pt by Allocation and Transfer of Proceedings 2008 art 27, sch 2

In regulation 8 (person who may make complaints) of the National Health Service (Complaints) Regulations 2004^f1—

(a)

in paragraph (2)(c), omit “or mental” and “or”;

(b)

after paragraph(2)(c), insert—

“(cc)
is unable because he lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) to make the complaint himself; or”;

(c)

in paragraph (3), after “who is” insert “physically”; and

(d)

after paragraph (3) insert—

“(3A)
In the case of a patient or person affected who lacks capacity within the meaning of the Mental Capacity Act 2005 the representative must be either a person appointed or authorised to act on his behalf under the 2005 Act or another person who, in the opinion of the complaints manager, had or has a sufficient interest in his welfare and is a suitable person to act as representative”.

Annotations

Footnotes

f1: S.I.2004/1768; to which there are amendments not relevant to this Order.