Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Notification to chief inspector of notifiable incident by certain health services providers

28. (1) Where a health services provider carries on the business of a designated centre and it is satisfied that a notifiable incident, specified in subsection (2), has occurred in the course of the provision by it of a health service to a patient, the health services provider shall notify the chief inspector of that notifiable incident—

(a) as soon as practicable, and

(b) in any event, not later than 7 days from the day on which the provider was satisfied the incident had occurred.

(2) For the purposes of subsection (1), all of the following shall be notified in accordance with that subsection:

(a) each notifiable incident specified in Part 1 of Schedule 1 ;

(b) in the case of a notifiable incident specified in regulations made under section 8 , each such incident specified in any regulations made under that section.

(3) A notification under this section shall specify the information that is set out in section 27 (3).

(4) The chief inspector shall acknowledge receipt, in writing, of a notification made to it under this section not later than 21 days from receipt of the notification.

(5) An acknowledgement made under subsection (4) may be made electronically.

(6) In this Part, “designated centre” means—

(a) a designated centre within the meaning of section 2 of the Act of 2007, and

(b) which is registered in accordance with section 49 of the Act of 2007 and includes—

(i) a designated centre whose registration has been cancelled under section 51 of that Act where an appeal against the cancellation has been made and has not been determined or withdrawn or in respect of which an appeal has been made under section 62 of that Act and that appeal has not been determined or withdrawn, and

(ii) a designated centre in respect of which an application was made to the District Court under section 59 of the Act of 2007 and the application has not been determined or withdrawn or in respect of which an appeal has been made under section 62 of that Act and that appeal has not been determined or withdrawn.