The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Title, commencement and application

   2. 2. Interpretation

   3. 3. General principles for the handling and investigation of concerns

3. PART 2 DUTY TO MAKE ARRANGEMENTS FOR THE HANDLING AND INVESTIGATION OF CONCERNS

   1. 4. Duty to make arrangements

   2. 5. Arrangements to be published

   3. 6. Strategic oversight of the arrangements

   4. 7. Responsible officer

   5. 8. Senior investigations manager

   6. 9. Information and training for staff

4. PART 3 NATURE AND SCOPE OF THE ARRANGEMENTS FOR HANDLING CONCERNS

   1. 10. Requirement to consider concerns

   2. 11. Notification of concerns

   3. 12. Persons who may notify concerns

   4. 13. Matters about which concerns may be notified

   5. 14. Matters and concerns excluded from consideration under the arrangements

   6. 15. Time limit for notification of concerns

   7. 16. Withdrawal of concerns

5. PART 4 CONCERNS WHICH INVOLVE OTHER RESPONSIBLE BODIES

   1. 17. Concerns involving more than one responsible body

   2. 18. Concerns involving primary care providers

   3. 19. Action to be taken where a Local Health Board receives notification of a concern about services provided by a primary care provider

   4. 20. Action to be taken where a Local Health Board receives notification of a concern from a primary care provider

   5. 21. Communication of decisions made by a Local Health Board in accordance with regulations 19 and 20

6. PART 5 HANDLING AND INVESTIGATION OF CONCERNS

   1. 22. Procedure before investigation

   2. 23. Investigation of concerns

   3. 24. Response

7. PART 6 REDRESS

   1. 25. Duty to consider redress

   2. 26. Response to an investigation under regulation 23 where it is decided that there is or there may be a qualifying liability

   3. 27. Form of redress

   4. 28. Availability of Redress

   5. 29. Redress — financial compensation

   6. 30. Suspension of the limitation period

   7. 31. Investigation report

   8. 32. Legal advice and instruction of medical experts

   9. 33. Redress — communication of a decision

8. PART 7 REQUIREMENT FOR NHS BODIES, OTHER THAN WELSH NHS BODIES, TO CONSIDER REDRESS AND PROCEDURE TO BE FOLLOWED BY A WELSH NHS BODY WHEN IT RECEIVES NOTIFICATION OF A CONCERN IN ACCORDANCE WITH THE PROVISIONS OF THIS PART

   1. 34. Interpretation of this Part

   2. 35. Circumstances in which an English NHS body must consider whether or not redress may apply

   3. 36. Steps to be taken where an English NHS body considers that a qualifying liability exists or may exist

   4. 37. Action to be taken by a Welsh NHS body on receipt of a notification from an English NHS body in accordance with regulation 36

   5. 38. Action to be taken by a Welsh NHS body on receipt of a notification from a Scottish NHS body or a Northern Irish NHS body

   6. 39. Duty of Welsh NHS body to conduct an investigation

   7. 40. Response to an investigation under regulation 39 where a Welsh NHS body is of the opinion that there is, or there may be, a qualifying liability

   8. 41. Response to an investigation under regulation 39 where a Welsh NHS body decides that there is no qualifying liability

   9. 42. Form of redress

   10. 43. Availability of Redress

   11. 44. Redress — financial compensation

   12. 45. Suspension of the limitation period

   13. 46. Investigation report

   14. 47. Legal advice and instruction of medical experts

   15. 48. Redress — communication of a decision

9. PART 8 LEARNING FROM CONCERNS

   1. 49. Learning from concerns

10. PART 9 MONITORING THE PROCESS

    1. 50. Monitoring the operation of arrangements for dealing with concerns

    2. 51. Annual report

11. PART 10 TRANSITIONAL AND CONSEQUENTIAL PROVISIONS AND REVOCATIONS

    1. 52. Transitional provisions

    2. 53. Revocations

    3. 54. Consequential and transitional provisions

12. Signature

13. 1. SCHEDULE 1

       PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

    2. SCHEDULE 2

       CONSEQUENTIAL AND TRANSITIONAL PROVISIONS

       1. 1. Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

       2. 2. Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992

       3. 3. Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

       4. 4. Amendment of the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

       5. 5. Amendment of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

14. Explanatory Note