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The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

W.S.I. 2011/704 · Made 8 March 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

NATIONAL HEALTH SERVICE, WALES

Made 8 March 2011

Coming into force in accordance with the provisions of regulation 1(2)

The Welsh Ministers, in exercise of the powers conferred by the provisions set out in column (1) of Schedule 1 to this instrument, as amended in particular by the provisions set out in column (2) of that Schedule, make the following Regulations.

A draft of these Regulations was laid before, and approved by resolution of, the National Assembly for Wales in accordance with section 11(6) of the NHS Redress (Wales) Measure 2008.

Contents

  1. Part 1: GENERAL
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3General principles for the handling and investigation of concerns
  5. Part 2: DUTY TO MAKE ARRANGEMENTS FOR THE HANDLING AND INVESTIGATION OF CONCERNS
  6. 4Duty to make arrangements
  7. 5Arrangements to be published
  8. 6Strategic oversight of the arrangements
  9. 7Responsible officer
  10. 8Senior investigations manager
  11. 9Information and training for staff
  12. Part 3: NATURE AND SCOPE OF THE ARRANGEMENTS FOR HANDLING CONCERNS
  13. 10Requirement to consider concerns
  14. 11Notification of concerns
  15. 12Persons who may notify concerns
  16. 13Matters about which concerns may be notified
  17. 14Matters and concerns excluded from consideration under the arrangements
  18. 15Time limit for notification of concerns
  19. 16Withdrawal of concerns
  20. Part 4: CONCERNS WHICH INVOLVE OTHER RESPONSIBLE BODIES
  21. 17Concerns involving more than one responsible body
  22. 18Concerns involving primary care providers
  23. 19Action to be taken where a Local Health Board receives notification of a concern about services provided by a primary care provider
  24. 20Action to be taken where a Local Health Board receives notification of a concern from a primary care provider
  25. 21Communication of decisions made by a Local Health Board in accordance with regulations 19 and 20
  26. Part 5: HANDLING AND INVESTIGATION OF CONCERNS
  27. 22Procedure before investigation
  28. 22AEarly resolution period and early resolution procedure
  29. 23Investigation of concerns
  30. 24Response
  31. 24ASuspension of early resolution procedure or an investigation
  32. Part 6: REDRESS
  33. 25Duty to consider redress
  34. 26Response to an investigation under regulation 23 where it is decided that there is or there may be a qualifying liability
  35. 27Form of redress
  36. 28Availability of Redress
  37. 29Redress — financial compensation
  38. 30Suspension of the limitation period
  39. 31Investigation report
  40. 32Legal advice and instruction of medical experts
  41. 33Redress — communication of a decision
  42. Part 7: REQUIREMENT FOR NHS BODIES, OTHER THAN WELSH NHS BODIES, TO CONSIDER REDRESS AND PROCEDURE TO BE FOLLOWED BY A WELSH NHS BODY WHEN IT RECEIVES NOTIFICATION OF A CONCERN IN ACCORDANCE WITH THE PROVISIONS OF THIS PART
  43. 34Interpretation of this Part
  44. 35Circumstances in which an English NHS body must consider whether or not redress may apply
  45. 36Steps to be taken where an English NHS body considers that a qualifying liability exists or may exist
  46. 37Action to be taken by a Welsh NHS body on receipt of a notification from an English NHS body in accordance with regulation 36
  47. 38Action to be taken by a Welsh NHS body on receipt of a notification from a Scottish NHS body or a Northern Irish NHS body
  48. 39Duty of Welsh NHS body to conduct an investigation
  49. 40Response to an investigation under regulation 39 where a Welsh NHS body is of the opinion that there is, or there may be, a qualifying liability
  50. 41Response to an investigation under regulation 39 where a Welsh NHS body decides that there is no qualifying liability
  51. 42Form of redress
  52. 43Availability of Redress
  53. 44Redress — financial compensation
  54. 45Suspension of the limitation period
  55. 46Investigation report
  56. 47Legal advice and instruction of medical experts
  57. 48Redress — communication of a decision
  58. Part 8: LEARNING FROM CONCERNS
  59. 49Learning from concerns
  60. Part 9: MONITORING THE PROCESS
  61. 50Monitoring the operation of arrangements for dealing with concerns
  62. 51Annual report
  63. Part 10: TRANSITIONAL AND CONSEQUENTIAL PROVISIONS AND REVOCATIONS
  64. 52Transitional provisions
  65. 53Revocations
  66. 54Consequential and transitional provisions
  67. Signature
  68. Schedule 1PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS
  69. Schedule 2: CONSEQUENTIAL AND TRANSITIONAL PROVISIONS
  70. 1Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
  71. 2Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992 Repealed
  72. 3Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
  73. 4Amendment of the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
  74. 5Amendment of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
  75. Explanatory note