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Hospital Complaints Procedure Act 1985

1985 CHAPTER 42

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 Hospital complaints procedure.

(1) It shall be the duty of the Secretary of State to give to each Strategic Health Authority and Health Authority, to each Special Health Authority in England and Wales and to each Health Board in Scotland such directions . . . as appear to him necessary for the purpose of securing that, as respects each hospital . . . which that Strategic Health Authority, Health Authority, Special Health Authority or Board manage —

(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.

(1A) It shall also be the duty of the Secretary of State to give to each NHS trust which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital . . . which that NHS trust 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.

(1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust and 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 National Health Service Act 1977,

(b) in relation to Scotland, directions under section 2(5) of the National Health Service (Scotland) Act 1978.

(2) No right of appeal, reference or review conferred under this section shall preclude an investigation under 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.

1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Short title, commencement and extent.

(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.

Status: Hospital Complaints Procedure Act 1985 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Hospital Complaints Procedure Act 1985 (1985/42)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1S. 1: transfer of functions (1.7.1999) by S.I. 1999/672 , arts. 1(2) , 2 , Sch. 1
C2Power of appointment conferred by s. 2(2) fully exercised (11.7.1989): 1989/1191
F1Act repealed (S.) (1.4.2012) by Patient Rights (Scotland) Act 2011 (asp 5) , ss. 16 , 26(3) (with ss. 18(3) , 20 ); S.S.I. 2012/35 , art. 2(a)this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Scotlandrepealed
F2Words 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 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3Words 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)substituted: England and Walessubstituted
F4Words 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 S S.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.omitted, repealed
F5Words 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)inserted: England and Walesinserted
F6Word 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.substituted: Englandsubstituted
F7S. 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 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F8Word 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.substituted: Englandsubstituted
F9Words 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.repealed: Englandrepealed
F10Word 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.substituted: Englandsubstituted
F11S. 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 ;text inserted prospectively or the amendment may be in effect for limited purposes, see the commentary.inserted: Englandinserted
F12Words in s. 1(1B) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by 2002 c. 17 , ss. 6(2) , 42(3) , Sch. 5 para. 26 ; S.I. 2002/2532 , art. 2 , Sch. ; S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: Walesinserted
F13Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46 , s. 20(1) , Sch. 2 para. 7substituted
F14S. 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 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
I1Act not in force at Royal Assent see s. 2(2)
M11977 c.49 .
M21978 c.29 .
Defined TermSection/ArticleIDScope of Application
directionss. 1legTerm8RtgcsTg
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
Hospital Complaints Procedure Act 1985 1985 c. 42 s. 1(1) words repealed Health and Social Care (Community Health and Standards) Act 2003 2003 c. 43 Sch. 14 Pt. 2 Not yet
Hospital Complaints Procedure Act 1985 1985 c. 42 s. 1(1B) repealed Health and Social Care (Community Health and Standards) Act 2003 2003 c. 43 Sch. 14 Pt. 2 Not yet
Hospital Complaints Procedure Act 1985 1985 c. 42 s. 1(1C)(a) repealed Health and Social Care (Community Health and Standards) Act 2003 2003 c. 43 Sch. 14 Pt. 2 Not yet
Hospital Complaints Procedure Act 1985 1985 c. 42 s. 1(3)(a) repealed Health and Social Care (Community Health and Standards) Act 2003 2003 c. 43 Sch. 14 Pt. 2 Not yet

    Status of changes to instrument text

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