2023 No. 281 (W. 42)
The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) (Amendment) Regulations 2023
Made
Laid before Senedd Cymru
Coming into force
Title and commencement1
1
The title of these Regulations is the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) (Amendment) Regulations 2023.
2
These Regulations come into force on 1 April 2023.
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),”
.
(This note is not part of the Regulations)