OpenLegislation

Paragraph 11 ComplaintsI1

Northern Ireland Not yet in force

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

(1)

Subject to sub-paragraph (2), a chemist shall establish and operate in accordance with this paragraph, a procedure (in this paragraph and in paragraph 12 referred to as a “complaints procedure”) to deal with any complaints made by or on behalf of any person to whom he has provided pharmaceutical services.

(2)

The complaints procedure to be established by a chemist may be such that it also deals with complaints made in relation to one or more other chemists.

(3)

The complaints procedure to be established by a chemist who provides pharmaceutical services from more than one set of premises may be such that it relates to all those premises together.

(4)

A complaints procedure shall apply to complaints made in relation to any matter reasonably connected with the chemist's provision of pharmaceutical services and within the responsibility or control of—

(a)

the chemist;

(b)

where the chemist is a corporate body, any of its directors or former directors;

(c)

a partner or former partner of the chemist;

(d)

any pharmacist employed by the chemist;

(e)

any employee of the chemist other than one falling within head (d);

and in this paragraph and paragraph 12, references to complaints are references to complaints falling within this sub-paragraph.

(5)

A complaint may be made on behalf of any person with his consent, or—

(a)

where he is a child—

(i)

by either parent, or in the absence of both parents, the person having parental responsibility for or care of him; or

(ii)

where he is in the care of a Board or HSS trust to whose care he has been committed under the provisions of the Children (Northern Ireland) Order 1995f1 by a person duly authorised by that Board or trust; or

(iii)

where he is in the care of a voluntary organisation, by that organisation or a person duly authorised by it; or

(iv)

where he is in a training school, by the manager of that training school; or

(b)

where he is incapable of making a complaint, by a relative or other adult person who has an interest in his welfare.

(6)

A complaint may be made as respects a person who has died by a relative or other adult person who had an interest in his welfare, or when he was a child falling within head (a)(ii), (iii) or (iv) of sub-paragraph (5), by the Board or HSS trust, or voluntary organisation, or the manager of the training school as the case may be.

(7)

A complaints procedure shall comply with the following requirements—

(a)

the chemist shall specify a person (who need not be connected with the chemist and whom in the case of an individual, may be specified by his job title) to be responsible for receiving and investigating all complaints;

(b)

all complaints shall be—

(i)

recorded in writing;

(ii)

acknowledged, either orally or in writing, within the period of 3 working days beginning with and including the day on which the complaint was received by the person specified under head (a) or, where that is not possible, as soon as reasonably practicable; and

(iii)

properly investigated;

(c)

within the period of 10 working days beginning with and including the day on which the complaint was received by the person specified under head (a) or, where that is not possible, as soon as reasonably practicable, the complainant shall be given a written summary of the investigation and its conclusions;

(d)

where the investigation of the complaint requires consideration of any records relating to the person as respects whom the complaint is made, the person specified under head (a) shall inform him or the person acting on his behalf if the investigation will involve disclosure of information contained in those records to a person other than a person falling within sub-paragraph (4)(a) to (e); and

(e)

the chemist shall keep a record of all complaints and copies of all correspondence relating to complaints, but such records shall be kept separate from any records relating to the person by whom the complaint was made.

(8)

At each of the premises at which the chemist provides pharmaceutical services he shall provide information about the complaints procedure, and give the name (or job title) and address of the person specified under sub-paragraph (7)(a); and where he provides supplemental services he shall provide the same information to any person to whom he has given advice in accordance with regulation 3(3)(a).

Annotations

Commencement

I1

Sch. 2 para. 11 in operation at 6.10.1997, see reg. 1

Footnotes

f1

S.I. 1995/755 (N.I. 2)