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NHS Redress Bill [HL]


NHS Redress Bill [HL]

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12      

Duties of co-operation

(1)   

The scheme authority under a scheme and the Commission for Healthcare

Audit and Inspection must co-operate with each other where it appears to

them that it is appropriate to do so for the efficient and effective discharge of

their respective functions.

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(2)   

The scheme authority under a scheme and the National Patient Safety Agency

must co-operate with each other where it appears to them that it is appropriate

to do so for the efficient and effective discharge of their respective functions.

13      

Complaints

(1)   

The Secretary of State may by regulations make provision about the handling

10

and consideration of complaints made under the regulations about

maladministration by any body or other person—

(a)   

in the exercise of functions under a scheme,

(b)   

in the exercise of other functions relating to proceedings under a

scheme, or

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(c)   

in connection with a settlement agreement entered into under a

scheme.

(2)   

Regulations under subsection (1) must provide for complaints to be considered

by—

(a)   

the scheme authority, or

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(b)   

a member of the scheme.

(3)   

Without prejudice to the generality of subsection (1), regulations under that

subsection may make the following provision.

(4)   

The regulations may make provision about—

(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;

(c)   

the persons to whom complaints may be made;

(d)   

complaints which need not be considered;

(e)   

the period within which complaints must be made;

(f)   

the procedures to be followed in making, handling and considering a

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complaint;

(g)   

matters which are excluded from consideration;

(h)   

the making of a report or recommendations about a complaint;

(i)   

the action to be taken as a result of a complaint.

(5)   

The regulations may impose on the scheme authority, or a member of the

35

scheme, obligations with respect to producing, or making available to the

public, information about the procedures to be followed under the regulations.

(6)   

The regulations may also—

(a)   

provide for different parts or aspects of a complaint to be treated

differently;

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(b)   

require the production of information or documents in order to enable

a complaint to be properly considered;

(c)   

authorise the disclosure of information or documents relevant to a

complaint to a person who is considering a complaint under the

 
 

NHS Redress Bill [HL]

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regulations, notwithstanding any rule of common law that would

otherwise prohibit or restrict the disclosure.

(7)   

The regulations may make provision about complaints which raise both

matters falling to be considered under the regulations and matters falling to be

considered under other statutory complaints procedures, including in

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particular provision for enabling such a complaint to be made under the

regulations.

(8)   

The regulations may, in relation to complaints in connection with a scheme

which are made or purport to be made under the regulations, make provision

for securing—

10

(a)   

that any matters raised in such complaints which fall to be considered

under other statutory complaints procedures are referred to the body

or other person operating the appropriate procedures;

(b)   

that any such matters are treated as if they had been raised in a

complaint made under the appropriate procedures.

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(9)   

In subsections (7) and (8), “statutory complaints procedures” means

complaints procedures established by or under any enactment.

(10)   

In section 31(6) of the Data Protection Act 1998 (c. 29) (exemption from subject

information provisions for personal data processed for purposes of certain

complaints procedures), after “complaint under” insert “section 13 of the NHS

20

Redress Act 2006,”.

14      

Remit of Health Service Commissioner for England

(1)   

The Health Service Commissioners Act 1993 (c. 46) is amended as follows.

(2)   

In section 3 (general remit of Commissioner), after subsection (1E) insert—

“(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

consequence of maladministration by any person or body—

(a)   

in the exercise of any functions under a scheme established

under section 1 of the NHS Redress Act 2006,

(b)   

in connection with a settlement agreement entered into under

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such a scheme, or

(c)   

in the exercise of any functions under regulations made under

section 13 of that Act (complaints about maladministration in

connection with redress scheme),

   

the Commissioner may, subject to the provisions of this Act, investigate

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the alleged maladministration.”

(3)   

In section 4 (availability of other remedy), in subsection (4)(a)—

(a)   

for “or (1C)” substitute “, (1C) or (1F)(a) or (b)”, and

(b)   

after “Act 2003” insert “, under section 13 of the NHS Redress Act 2006”.

(4)   

In section 7(2) (which excludes contracts from the remit of the

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Commissioner)—

(a)   

the word “and” at the end of paragraph (b) is repealed, and

(b)   

at the end insert “, and

“(d)   

matters arising from settlement agreements entered into

under a scheme established under section 1 of the NHS

45

Redress Act 2006.”

 
 

NHS Redress Bill [HL]

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(5)   

In section 11 (procedure in respect of investigations), in subsection (1C), after

“section 3(1E)” insert “or (1F)”.

(6)   

In section 12 (evidence), in subsection (1A) for “or (1E)” substitute “, (1E) or

(1F)”.

(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

pursuant to a complaint under section 3(1F) he shall send a report of the

results of the investigation—

(a)   

to the person who made the complaint,

(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

complaint (or if he is no longer a member to such other member

as the Commissioner thinks appropriate),

(c)   

to the person or body whose maladministration is complained

of,

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(d)   

in the case of a complaint under section 3(1F)(c), to any person

or body whose action was complained of in the complaint made

to the person or body whose maladministration is complained

of, and

(e)   

to the Secretary of State.

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(2H)   

In any case where the Commissioner decides not to conduct an

investigation pursuant to a complaint under section 3(1F) he shall send

a statement of his reasons—

(a)   

to the person who made the complaint, and

(b)   

to any such member of the House of Commons as is mentioned

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in subsection (2G)(b).”

15      

Regulations

(1)   

The provisions of this Act about what a scheme may do are without prejudice

to the generality of the power under section 1(1).

(2)   

Any power of the Secretary of State to make regulations under this Act

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includes—

(a)   

power to make provision conferring or imposing functions which

involve the exercise of a discretion,

(b)   

power to make different provision for different cases, and

(c)   

power to make incidental, supplementary, consequential or

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transitional provision or savings.

(3)   

The power under subsection (2)(c) to make consequential amendments

includes power to make provision amending or revoking any instrument made

under an enactment.

(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

exercised in relation to all those cases subject to exceptions or in relation to any

particular case or class of case.

(5)   

Any power of the Secretary of State to make regulations under this Act is

exercisable by statutory instrument.

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NHS Redress Bill [HL]

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(6)   

No regulations establishing a scheme shall be made unless a draft of the

statutory instrument containing them has been laid before and approved by a

resolution of each House of Parliament.

(7)   

A statutory instrument that—

(a)   

contains regulations under this Act made by the Secretary of State, and

5

(b)   

is not subject to any requirement that a draft of the instrument be laid

before, and approved by a resolution of, each House of Parliament,

   

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

Wales

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16      

Framework power

(1)   

The National Assembly for Wales may by regulations made by statutory

instrument make provision—

(a)   

for the purpose of enabling redress to be provided without recourse to

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

provision of services (in Wales or elsewhere) as part of the health

service in Wales;

(b)   

for any purpose connected with provision under paragraph (a).

(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

of or in connection with breach of a duty of care owed to any person in

connection with the diagnosis of illness, or the care or treatment of any patient.

(3)   

Subject to subsection (4), the provision that may be made under subsection (1)

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—

(a)   

to make any provision imposing or increasing taxation;

(b)   

to make provision taking effect from a date earlier than that of the

making of the instrument containing the provision;

(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

court or tribunal;

(d)   

to create any new criminal offence;

(e)   

to make provision extending otherwise than to England and Wales;

(f)   

to make provision applying in relation to England, without the consent

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of the Secretary of State.

(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.

(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).

(7)   

The power under subsection (1)(a) (as well as being exercisable in relation to

all cases to which it extends) may be exercised in relation to all those cases

subject to exceptions or in relation to any particular case or class of case.

 
 

 
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