Amendments to the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 20112

1

The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 20113 are amended as follows.

2

In regulation 2(1)—

a

in the definition of “Welsh NHS body”—

i

omit the “or” after sub-paragraph (a);

ii

after sub-paragraph (b) insert—

or

c

a Special Health Authority;

b

at the appropriate places insert—

  • “representative” (“cynrychiolydd”) has the meaning given in regulation 12(2);

  • “Special Health Authority” (“Awdurdod Iechyd Arbennig”) means a body established by an order made under section 22 of the 2006 Act; but does not include any cross-border Special Health Authority (within the meaning of section 8A(5) of the 2006 Act);

3

In regulation 3—

a

the existing provision becomes paragraph (1);

b

after that paragraph insert—

2

In complying with its obligations under these Regulations, a responsible body must not disclose personal data to a person who is not the data subject, unless that person is a representative of the data subject.

3

In paragraph (2), “data subject” and “personal data” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

4

In regulation 12—

a

in paragraph (1)(a) for “a person who is receiving or has received services from a responsible body” substitute “a patient”;

b

in paragraph (9), after “redress” insert “, or a patient,”.

5

In regulation 14(1)—

a

in sub-paragraph (c), after “Wales” insert “, unless the Public Services Ombudsman for Wales has recommended that the Welsh NHS body offers a form of redress under Part 6 of these Regulations, in which case the Welsh NHS body may undertake a further investigation of the concern under these Regulations only for the purpose of determining whether a qualifying liability exists or may exist and to offer a form of redress in accordance with the recommendations of the Public Services Ombudsman for Wales;”;

b

in sub-paragraph (f) omit the words from the first reference to “is” to “and”;

c

in sub-paragraph (i), after “proceedings” insert “(including the pre-action stage of those proceedings)”;

d

omit the “or” after sub-paragraph (i);

e

after sub-paragraph (j) insert—

; or

k

where the responsible body is Health Education and Improvement Wales, a concern which does not relate to the provision of health care by that body.

6

In regulation 25(2), at the beginning insert “Subject to regulation 29(2),”.