The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the arrangements to be put in place in terms of section 15 of the Patient Rights (Scotland) Act 2011 (“the Act”) in relation to the handling of feedback, comments and concerns received in relation to health care, and, in particular for the purposes of dealing with complaints raised in relation to health care.

Regulation 2 provides that each responsible body must have arrangements in place for the matters described in section 15(3) of the Act.

Regulation 3 provides that each responsible body must appoint a feedback and complaints officer to manage the arrangements required under section 15 of the Act; and each relevant NHS body must appoint a feedback and complaints manager to ensure compliance with such arrangements.

Regulation 4 sets out who is specified for the purposes of section 15(3)(a)(ii) of the Act.

Regulation 5 sets out the timescales within which a complaint must be raised.

Regulations 6 and 7 provide for how complaints are to be dealt with. Where regulation 6 applies, subject to paragraph (2), the responsible body must make a written record of the complaint, acknowledge the complaint and send the complainant a report of the investigation into the complaint. In the case of complaints specified in regulation 7(2), the responsible body must write to the complainant, notifying that such a complaint will not be investigated under the arrangements.

Regulation 8 sets out the form of communications for any communication required by virtue of these Regulations.

Regulation 9 makes transitional and saving provisions for the purposes of complaints made prior to 1st April 2012, and gives effect to the consequential amendments in the Schedule.

The Schedule makes consequential amendments which are required to other legislation as a result of these Regulations and the Act.