Hospital Complaints Procedure Act 1985 (1985 c. 42)

1 Hospital complaints procedure.

(1) It shall be the duty of the Secretary of State to give to each Strategic Health Authority and Health Authority, to each Special Health Authority in England and Wales and to each Health Board in Scotland such directions . . . as appear to him necessary for the purpose of securing that, as respects each hospital . . . which that Strategic Health Authority,Health Authority, Special Health Authority or Boardmanage—

[F2] 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)

[F3] Words in s. 1(1) substituted (1.10.2002 for E.W.) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 37(a); S.I. 2002/2478, art. 3(1)(a)(c)

[F4] Words in s. 1(1) repealed by 1999 c. 8, s. 65, Sch. 4 para. 71(a), Sch. 5 (the repeal being brought into force: for Scotland on 1.10.1999 by SS.I. 1999/90, art. 2, Sch. 2; for England to the extent that the words are omitted by virtue of Sch. 4 para. 71(a) of the amaending Act on 1.10.1999 by S.I. 1999/2540, and, to the extent that the words are repealed by Sch. 5 of the amending Act, on 1.4.2000 by S.I. 2000/1041, art. 2; and for Wales on 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.

[F5] Words in s. 1(1) inserted (1.10.2002 for E.W.) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 37(b); S.I. 2002/2478, art. 3(1)(a)(c)

[F2] 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)

[F6] 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.

(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.

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

[F8] 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.

[F9] 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.

[F10] 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.

(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.

(1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust and Local Health Boardwhich manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust or Local Health Board manages—

[F12] Words in s. 1(1B) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 26; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

(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 National Health Service Act 1977,

[M1] 1977 c.49.

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

[M2] 1978 c.29.

(2) No right of appeal, reference or review conferred under this section shall preclude an investigation under the Health Service Commissioners Act 1993 in respect of any matter.

[F13] Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7

(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.

1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] S. 1A repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III para. 109(3), Sch. 3 (with Sch. 2 paras. 6, 16) (but s. 1A expressed to be subject to transfer of powers (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1)

2 Short title, commencement and extent.

(1) This Act may be cited as the Hospital Complaints Procedure Act 1985.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3) This Act does not extend to Northern Ireland.