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The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 46:
- reg. 3(1) reg. 3 renumbered as reg. 3(1) by S.I. 2023/281 reg. 2(3)(a)
- reg. 3(2)(3) inserted by S.I. 2023/281 reg. 2(3)(b)
- reg. 14(1)(k) and word inserted by S.I. 2023/281 reg. 2(5)(e)
- reg. 22(7) inserted by S.I. 2023/274 reg. 14(5)(c)
- reg. 34(1)(ca)-(cc) inserted by S.I. 2013/235 Sch. 2 para. 162(1)(b)
- reg. 34(1)(ca)-(cc) inserted by S.I. 2013/235 Sch. 2 para. 162(2)(b)
- reg. 34(1)(ca) substituted by S.I. 2022/634 reg. 52(2)
- reg. 34(1)(cb) words substituted by S.I. 2023/1071 reg. 48(2) (Amendment to English text only)
- reg. 46 coming into force by S.I. 2011/704 reg. 1(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 3(1) reg. 3 renumbered as reg. 3(1) by S.I. 2023/281 reg. 2(3)(a)
- reg. 3(2)(3) inserted by S.I. 2023/281 reg. 2(3)(b)
- reg. 14(1)(k) and word inserted by S.I. 2023/281 reg. 2(5)(e)
- reg. 22(7) inserted by S.I. 2023/274 reg. 14(5)(c)
- reg. 34(1)(ca)-(cc) inserted by S.I. 2013/235 Sch. 2 para. 162(1)(b)
- reg. 34(1)(ca)-(cc) inserted by S.I. 2013/235 Sch. 2 para. 162(2)(b)
- reg. 34(1)(ca) substituted by S.I. 2022/634 reg. 52(2)
- reg. 34(1)(cb) words substituted by S.I. 2023/1071 reg. 48(2) (Amendment to English text only)
Prospective
Investigation reportE+W
46.—(1) A Welsh NHS body must ensure that the findings of the investigation of a concern in which a person is seeking redress under this Part are recorded in an investigation report.
(2) An investigation report will include the following—
(a)a copy of any medical evidence that has been commissioned in accordance with this Part in order to determine whether there is a qualifying liability or which has been commissioned to determine condition and prognosis;
(b)a statement by the Welsh NHS body confirming whether or not, in its opinion, there is a qualifying liability; and
(c)an explanation for the opinion expressed in sub-paragraph (b).
(3) Unless paragraph (4) applies, the Welsh NHS body must provide the person who is seeking redress under this Part, or his or her legal representative, with a copy of the investigation report within the time frame set out in regulation 40(5) or (6).
(4) No copy of the investigation report need be provided by the Welsh NHS body—
(a)before an offer of redress under this Part is made;
(b)before a decision not to make an offer of redress is communicated;
(c)if the investigation of redress in accordance with this Part is for any reason terminated; or
(d)where the report contains information likely to cause the patient or other applicant for redress significant harm or distress.
Commencement Information
I1Reg. 46 in force at 1.10.2011, see reg. 1(2)
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