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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to oblige health authorities in England and Wales and Health Boards in Scotland to establish a complaints procedure for hospital patients and to draw such a procedure to the attention of patients.
[16th July 1985]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)It shall be the duty of the Secretary of State to give to each [F1 [F2Strategic Health Authority and Health Authority, to each] Special Health Authority] in England and Wales and to each Health Board in Scotland such directions F3. . . as appear to him necessary for the purpose of securing that, as respects each hospital F3. . . which that [F4Strategic Health Authority,][F1Health Authority, Special Health Authority or Board][F5manage]—
(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.
[F6(1A)It shall also be the duty of the Secretary of State to give to each NHS trust which [F7manages] a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital F8. . . which that NHS trust [F9manages]—
(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.]
[F10(1B)It shall also be the duty of the Secretary of State to give to each Primary Care Trust [F11and Local Health Board]which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust [F11or Local Health Board] manages—
(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 M1National Health Service Act 1977,
(b)in relation to Scotland, directions under section 2(5) of the M2National Health Service (Scotland) Act 1978.]
(2)No right of appeal, reference or review conferred under this section shall preclude an investigation [F12under the Health Service Commissioners Act 1993] in respect of any matter.
(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.
F1Words 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)
F2Words 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)
F3Words 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.
F4Words 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)
F5Word 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.
F6S. 1(1A) inserted (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)(b) (with Sch. 2 paras. 6, 16)
F7Word 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.
F8Words 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.
F9Word 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.
F10S. 1(1B)(1C) inserted (E.) (1.10.1999 for specified purposes and otherwise 4.1.2000), (S.) (1.10.1999) and otherwise (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 71(c); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/2540, art. 2(1)(a), Sch. 1;
F11Words in s. 1(1B) inserted (10.10.2002 for W. otherwiseprosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 26; S.I. 2002/2532, art. 2, Sch.
F12Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7
C1S. 1: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1
C2S. 1(2) amended (1.4.1996) by 1993 c. 46, s. 4(4)-(6) (as added by 1996 c. 5, s. 5; S.I. 1996/970, art. 2(1))
I1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11977 c.49.
M21978 c.29.
(1)It shall be the duty of the Secretary of State to give to each [F1 [F2Strategic Health Authority and Health Authority, to each] Special Health Authority] in England and Wales and to each Health Board in Scotland such directions F3. . . as appear to him necessary for the purpose of securing that, as respects each hospital F3. . . which that [F4Strategic Health Authority,][F1Health Authority, Special Health Authority or Board][F5manage]—
(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.
[F6(1A)It shall also be the duty of the Secretary of State to give to each NHS trust which [F7manages] a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital F8. . . which that NHS trust [F9manages]—
(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.]
[F10(1B)It shall also be the duty of the Secretary of State to give to each Primary Care Trust [F11and Local Health Board] which 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—
(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 M1National Health Service Act 1977,
(b)in relation to Scotland, directions under section 2(5) of the M2National Health Service (Scotland) Act 1978.]
(2)No right of appeal, reference or review conferred under this section shall preclude an investigation [F12under the [F13Scottish Public Services Ombudsman Act 2002 (asp 11)]]in respect of any matter.
(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.
F1Words 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)
F2Words 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)
F3Words 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.
F4Words 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)
F5Word 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.
F6S. 1(1A) inserted (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)(b) (with Sch. 2 paras. 6, 16)
F7Word 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.
F8Words 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.
F9Word 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.
F10S. 1(1B)(1C) inserted (E.) (1.10.1999 for specified purposes and otherwise 4.1.2000), (S.) (1.10.1999) and otherwise (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 71(c); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/2540, art. 2(1)(a), Sch. 1;
F11Words in s. 1(1B) inserted (10.10.2002 for W. otherwiseprosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 26; S.I. 2002/2532, art. 2, Sch.
F12Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46, s. 20(1), Sch. 2 para. 7
F13Words in s. 1(2) substituted (S.) (23.10.2002) by 2002 asp 11, s. 25(1), Sch. 6 para. 7; S.S.I. 2002/467, art. 2
C1S. 1: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1
C2S. 1(2) amended (1.4.1996) by 1993 c. 46, s. 4(4)-(6) (as added by 1996 c. 5, s. 5; S.I. 1996/970, art. 2(1))
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
M11977 c.49.
M21978 c.29.
F1S. 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)
(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.
C1Power of appointment conferred by s. 2(2) fully exercised (11.7.1989): 1989/1191
Hospital Complaints Procedure Act 1985