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Hospital Complaints Procedure Act 1985

1985 CHAPTER 42 I1

F1 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. cross-notes

(1) F4,F4 It shall be the duty of the Secretary of State to give to each [[F2,F3 Strategic Health Authority and Health Authority, to each F3] Special Health Authority F2] 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 [F5 Strategic Health Authority, F5][F2 Health Authority, Special Health Authority or Board F2][F6 manage F6] —

(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.

[F7 (1A) It shall also be the duty of the Secretary of State to give to each NHS trust which [F8 manages F8] a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital F9 . . . which that NHS trust [F10 manages F10] —

(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. F7]

[F11 (1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust [F12 and Local Health Board F12] which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust [F12 or Local Health Board F12] 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 M1 National Health Service Act 1977,

(b) in relation to Scotland, directions under section 2(5) of the M2 National Health Service (Scotland) Act 1978. F11]

(2) No right of appeal, reference or review conferred under this section shall preclude an investigation [F13 under the Health Service Commissioners Act 1993 F13] 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.

F14 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Short title, commencement and extent. cross-notes

(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)
Version from: 1 April 2012

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 S. 1: transfer of functions (1.7.1999) by S.I. 1999/672 , arts. 1(2) , 2 , Sch. 1
C2 Power of appointment conferred by s. 2(2) fully exercised (11.7.1989): 1989/1191
F1 Act 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: Scotland repealed
F2 Words 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
F3 Words 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 Wales substituted
F4 Words 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
F5 Words 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 Wales inserted
F6 Word 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: England substituted
F7 S. 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
F8 Word 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: England substituted
F9 Words 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: England repealed
F10 Word 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: England substituted
F11 S. 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: England inserted
F12 Words 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: Wales inserted
F13 Words in s. 1(2) substituted (5.2.1994) by 1993 c. 46 , s. 20(1) , Sch. 2 para. 7 substituted
F14 S. 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 repealed this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
I1 Act not in force at Royal Assent see s. 2(2)
M1 1977 c.49 .
M2 1978 c.29 .
Defined Term Section/Article ID Scope of Application
directions s. 1 def_168a029806

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