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