Hospital Complaints Procedure Act 1985

1 Hospital complaints procedure. E+W+S

(1) It shall be the duty of the Secretary of State to give to each [F1 Health Authority and Special Health Authority] in England and Wales and to each Health Board in Scotland such directions [F2 under section 17 of the National Health Service Act 1977 or section 2(5) of the National Health Service (Scotland) Act 1978 (directions as to exercise of functions)] as appear to him necessary for the purpose of securing that, as respects each hospital [F2 for the management of] which that [F1 Health Authority, Special Health Authority or Board][F3 manage]—

(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.

[F4 (1A) It shall also be the duty of the Secretary of State to give to each NHS trust which [F5 manages] a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital [F6 for the management of] which that NHS trust [F7 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.]

[F8 (1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust 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 M1 National Health Service Act 1977,

(b) in relation to Scotland, directions under section 2(5) of the M2 National Health Service (Scotland) Act 1978.]

(2) No right of appeal, reference or review conferred under this section shall preclude an investigation [F9 under 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.

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) repealed (S.) and omitted (E.) (1.10.1999) and repealed (E.W.) (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 71(a), Sch. 5; 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.; S.I. 2000/1041, art. 2

F3 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.

F4 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)

F5 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.

F6 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.

F7 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.

F8 S. 1(1B)(1C) inserted (E.) (1.10.1999 for specified purposes and otherwise 4.1.2000), (S.) (1.10.1999) and otherwise (prosp.) for (W.) 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;

F9 Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7

Modifications etc. (not altering text)

C1 S. 1: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1

Marginal Citations

M1 1977 c.49.

M2 1978 c.29.