- Latest available (Revised)
- Original (As made)
The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Amendment Regulations 2016
You are here:
- Scottish Statutory Instruments
- 2016 No. 401
- Explanatory Note
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make changes to the requirements as to how relevant NHS bodies (Health Boards, Special Health Boards and the Common Services Agency) and service providers to the NHS are to deal with complaints received from, or on behalf of, patients or service users.
Regulation 2 sets out amendments to the Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (“the 2012 Regulations”). Paragraph (5) provides for the insertion of revised procedures for investigating different types of complaints. Regulation 6 of the 2012 Regulations is substituted with new provisions setting out a procedure for seeking to resolve a complaint within 5 or 10 days. New Regulation 6A sets out the procedure which applies to complaints which are not serious or complex. If such a complaint is not resolved within 5 or 10 days, the body handling the complaint is to investigate the complaint.
New regulation 6B sets out the procedure for acknowledging and investigating a complaint which is serious or complex.
Where a complaint is to be investigated, new regulations 6A and 6B specify that a report of the investigation is to be provided to the complainant within 20 days. New regulation 6C stipulates that this period may be extended.
New regulation 6D provides that certain requirements of the process for handling complaints are modified as necessary to allow the recording or investigation of a complaint made by a person who has not provided contact details or identifying information – referred to as an “anonymous complaint”.
Regulations 2(6) to (8) make changes to regulation 7 of the 2012 Regulations, which specifies certain complaints which are not to be dealt with under the NHS complaints procedure. In particular, the amendments will introduce a discretion for relevant bodies to investigate a complaint in respect of which the complainant has indicated that they intend to pursue legal action.
Regulation 3 makes transitional provision in respect of complaints which are raised, but not fully investigated, before the date on which these regulations come into force. The procedure under the 2012 Regulations which was applicable immediately before these Regulations came into force will apply to such complaints.
The following impact assessments have been prepared in respect of these Regulations:
Equality Impact Assessment
Privacy Impact Assessment
Child Rights and Wellbeing Impact Assessment
A copy of each of those is available at - http://www.gov.scot/nhscomplaintsimpactassessments
Options/Help
Print Options
Official printed copies
PrintThe Whole Instrument
PrintThis Explanatory Note only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.