Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Notification to Commission of notifiable incident by certain health services providers

29. (1) Where a health services provider, which provides a health service in an approved centre, 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, it shall notify the Commission 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 include the information specified in section 27 (3) for the notifiable incident concerned.

(4) The Commission 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, “approved centre” shall be construed in accordance with section 63 of the Mental Health Act 2001 and, in accordance with section 65(4)(a) of that Act, or as the case may be, section 64(10)(a) of that Act, and references to an approved centre include a reference to an approved centre to which section 65(4)(a) of that Act, or as the case may be, section 64(10)(a)(iii) of that Act, refers.