1 Hospital complaints procedure.E+W+S
(1)It shall be the duty of the Secretary of State to give to each [F1Health Authority and Special Health Authority] in England and Wales and to each Health Board in Scotland such directions [F2under 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 [F2for the management of] which that [F1Health Authority, Special Health Authority or Board][F3manage]—
(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 [F5manages] a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital [F6for the management of] which that NHS trust [F7manages]—
(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 M1National Health Service Act 1977,
(b)in relation to Scotland, directions under section 2(5) of the M2National Health Service (Scotland) Act 1978.]
(2)No right of appeal, reference or review conferred under this section shall preclude an investigation [F9under 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
F1Words 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)
F2Words 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
F3Word 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.
F4S. 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)
F5Word 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.
F6Words 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.
F7Word 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.
F8S. 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;
F9Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7
Modifications etc. (not altering text)
C1S. 1: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1
Marginal Citations