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12 | Duties of co-operation |
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(1) | The scheme authority under a scheme and the Commission for Healthcare |
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Audit and Inspection must co-operate with each other where it appears to |
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them that it is appropriate to do so for the efficient and effective discharge of |
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their respective functions. |
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(2) | The scheme authority under a scheme and the National Patient Safety Agency |
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must co-operate with each other where it appears to them that it is appropriate |
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to do so for the efficient and effective discharge of their respective functions. |
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(1) | The Secretary of State may by regulations make provision about the handling |
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and consideration of complaints made under the regulations about |
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maladministration by any body or other person— |
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(a) | in the exercise of functions under a scheme, |
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(b) | in the exercise of other functions relating to proceedings under a |
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(c) | in connection with a settlement agreement entered into under a |
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(2) | Regulations under subsection (1) must provide for complaints to be considered |
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(a) | the scheme authority, or |
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(b) | a member of the scheme. |
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(3) | Without prejudice to the generality of subsection (1), regulations under that |
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subsection may make the following provision. |
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(4) | The regulations may make provision about— |
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(a) | the persons who may make a complaint; |
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(b) | the complaints which may, or may not, be made under the regulations; |
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(c) | the persons to whom complaints may be made; |
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(d) | complaints which need not be considered; |
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(e) | the period within which complaints must be made; |
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(f) | the procedures to be followed in making, handling and considering a |
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(g) | matters which are excluded from consideration; |
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(h) | the making of a report or recommendations about a complaint; |
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(i) | the action to be taken as a result of a complaint. |
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(5) | The regulations may impose on the scheme authority, or a member of the |
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scheme, obligations with respect to producing, or making available to the |
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public, information about the procedures to be followed under the regulations. |
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(6) | The regulations may also— |
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(a) | provide for different parts or aspects of a complaint to be treated |
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(b) | require the production of information or documents in order to enable |
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a complaint to be properly considered; |
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(c) | authorise the disclosure of information or documents relevant to a |
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complaint to a person who is considering a complaint under the |
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regulations, notwithstanding any rule of common law that would |
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otherwise prohibit or restrict the disclosure. |
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(7) | The regulations may make provision about complaints which raise both |
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matters falling to be considered under the regulations and matters falling to be |
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considered under other statutory complaints procedures, including in |
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particular provision for enabling such a complaint to be made under the |
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(8) | The regulations may, in relation to complaints in connection with a scheme |
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which are made or purport to be made under the regulations, make provision |
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(a) | that any matters raised in such complaints which fall to be considered |
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under other statutory complaints procedures are referred to the body |
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or other person operating the appropriate procedures; |
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(b) | that any such matters are treated as if they had been raised in a |
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complaint made under the appropriate procedures. |
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(9) | In subsections (7) and (8), “statutory complaints procedures” means |
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complaints procedures established by or under any enactment. |
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(10) | In section 31(6) of the Data Protection Act 1998 (c. 29) (exemption from subject |
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information provisions for personal data processed for purposes of certain |
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complaints procedures), after “complaint under” insert “section 13 of the NHS |
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14 | Remit of Health Service Commissioner for England |
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(1) | The Health Service Commissioners Act 1993 (c. 46) is amended as follows. |
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(2) | In section 3 (general remit of Commissioner), after subsection (1E) insert— |
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“(1F) | Where a complaint is duly made to the Commissioner by or on behalf |
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of a person that the person has sustained injustice or hardship in |
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consequence of maladministration by any person or body— |
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(a) | in the exercise of any functions under a scheme established |
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under section 1 of the NHS Redress Act 2006, |
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(b) | in connection with a settlement agreement entered into under |
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(c) | in the exercise of any functions under regulations made under |
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section 13 of that Act (complaints about maladministration in |
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connection with redress scheme), |
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| the Commissioner may, subject to the provisions of this Act, investigate |
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the alleged maladministration.” |
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(3) | In section 4 (availability of other remedy), in subsection (4)(a)— |
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(a) | for “or (1C)” substitute “, (1C) or (1F)(a) or (b)”, and |
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(b) | after “Act 2003” insert “, under section 13 of the NHS Redress Act 2006”. |
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(4) | In section 7(2) (which excludes contracts from the remit of the |
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(a) | the word “and” at the end of paragraph (b) is repealed, and |
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(b) | at the end insert “, and |
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“(d) | matters arising from settlement agreements entered into |
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under a scheme established under section 1 of the NHS |
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(5) | In section 11 (procedure in respect of investigations), in subsection (1C), after |
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“section 3(1E)” insert “or (1F)”. |
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(6) | In section 12 (evidence), in subsection (1A) for “or (1E)” substitute “, (1E) or |
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(7) | In section 14 (reports by the Commissioner) after subsection (2F) insert— |
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“(2G) | In any case where the Commissioner conducts an investigation |
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pursuant to a complaint under section 3(1F) he shall send a report of the |
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results of the investigation— |
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(a) | to the person who made the complaint, |
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(b) | to any member of the House of Commons who to the |
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Commissioner’s knowledge assisted in the making of the |
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complaint (or if he is no longer a member to such other member |
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as the Commissioner thinks appropriate), |
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(c) | to the person or body whose maladministration is complained |
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(d) | in the case of a complaint under section 3(1F)(c), to any person |
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or body whose action was complained of in the complaint made |
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to the person or body whose maladministration is complained |
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(e) | to the Secretary of State. |
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(2H) | In any case where the Commissioner decides not to conduct an |
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investigation pursuant to a complaint under section 3(1F) he shall send |
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a statement of his reasons— |
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(a) | to the person who made the complaint, and |
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(b) | to any such member of the House of Commons as is mentioned |
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(1) | The provisions of this Act about what a scheme may do are without prejudice |
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to the generality of the power under section 1(1). |
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(2) | Any power of the Secretary of State to make regulations under this Act |
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(a) | power to make provision conferring or imposing functions which |
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involve the exercise of a discretion, |
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(b) | power to make different provision for different cases, and |
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(c) | power to make incidental, supplementary, consequential or |
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transitional provision or savings. |
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(3) | The power under subsection (2)(c) to make consequential amendments |
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includes power to make provision amending or revoking any instrument made |
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(4) | Any power of the Secretary of State to make regulations under this Act (as well |
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as being exercisable in relation to all cases to which it extends) may be |
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exercised in relation to all those cases subject to exceptions or in relation to any |
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particular case or class of case. |
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(5) | Any power of the Secretary of State to make regulations under this Act is |
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exercisable by statutory instrument. |
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(6) | No regulations establishing a scheme shall be made unless a draft of the |
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statutory instrument containing them has been laid before and approved by a |
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resolution of each House of Parliament. |
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(7) | A statutory instrument that— |
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(a) | contains regulations under this Act made by the Secretary of State, and |
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(b) | is not subject to any requirement that a draft of the instrument be laid |
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before, and approved by a resolution of, each House of Parliament, |
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| shall be subject to annulment in pursuance of a resolution of either House of |
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(1) | The National Assembly for Wales may by regulations made by statutory |
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instrument make provision— |
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(a) | for the purpose of enabling redress to be provided without recourse to |
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civil proceedings in circumstances in which, under the law of England |
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and Wales, qualifying liability in tort arises in connection with the |
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provision of services (in Wales or elsewhere) as part of the health |
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(b) | for any purpose connected with provision under paragraph (a). |
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(2) | The reference in subsection (1)(a) to qualifying liability in tort is to liability in |
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tort owed in respect of or consequent upon personal injury or loss arising out |
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of or in connection with breach of a duty of care owed to any person in |
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connection with the diagnosis of illness, or the care or treatment of any patient. |
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(3) | Subject to subsection (4), the provision that may be made under subsection (1) |
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includes any provision that could be made by an Act of Parliament. |
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(4) | The power conferred by subsection (1) shall not include power— |
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(a) | to make any provision imposing or increasing taxation; |
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(b) | to make provision taking effect from a date earlier than that of the |
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making of the instrument containing the provision; |
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(c) | to confer any power to legislate by means of orders, rules, regulations |
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or other subordinate instrument, other than rules of procedure for any |
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(d) | to create any new criminal offence; |
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(e) | to make provision extending otherwise than to England and Wales; |
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(f) | to make provision applying in relation to England, without the consent |
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of the Secretary of State. |
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(5) | Subsection (4)(c) does not preclude the modification of a power to legislate |
| |
conferred otherwise than under subsection (1), or the extension of any such |
| |
power to purposes of a like nature as those for which it was conferred. |
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(6) | A power to give directions as to matters of administration is not to be regarded |
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as a power to legislate within the meaning of subsection (4)(c). |
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(7) | The power under subsection (1)(a) (as well as being exercisable in relation to |
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all cases to which it extends) may be exercised in relation to all those cases |
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subject to exceptions or in relation to any particular case or class of case. |
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