The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

SCHEDULE E+W CONSEQUENTIAL AND TRANSITIONAL PROVISIONS

Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005 E+W

F1 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. para. 1 revoked (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 9(2)(l)

Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 E+W

F2 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. para. 2 revoked (1.4.2013) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349), reg. 1, Sch. 10 para. 7(b)

Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004 E+W

F3 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. para. 3 revoked (7.12.2015) by The National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862), reg. 1(2), Sch. 5 Table (with reg. 2)

Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004 E+W

F4 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. para. 4 revoked (7.12.2015) by The National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879), reg. 1(2), Sch. 4 (with regs. 2, 88)

Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005 E+W

5.—(1) Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005(1) (other contractual terms), is amended as follows.

(2) Before Part 6 (complaints) insert—

“PART 5A E+W Complaints received on or after 1st April 2009

46B.   As regards complaints relating to any matter reasonably connected with the provision of services under the contract which are received on or after 1st April 2009, the contractor must have in place a complaints procedure which meets the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(2).”.

(3) In Part 6 (complaints)—

(a) in paragraph 47 (complaints procedure), in sub-paragraph (1) for the words from “The contractor” to “the contract” substitute—

“As regards complaints relating to any matter reasonably connected with the provision of services under the contract which are received before 1st April 2009, the contractor shall operate a complaints procedure”;

(b) in paragraph 51 (co-operation with investigations)—

(i) in sub-paragraph (1)(a)(ii), for “the Commission for Healthcare Audit and Inspection” substitute “the Health Service Commissioner”;

(ii) at the end of sub-paragraph (2), add—

““Health Service Commissioner” means the person appointed Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993(3).”.

Commencement Information

I1 Sch. para. 5 in force at 1.4.2009, see reg. 1(2)

Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005 E+W

6.—(1) Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 2005(4) (other contractual terms) is amended as follows.

(2) Before Part 6 (complaints) insert—

“PART 5A E+W Complaints received on or after 1st April 2009

46B.   As regards complaints relating to any matter reasonably connected with the provision of services under the agreement which are received on or after 1st April 2009, the contractor must have in place a complaints procedure which meets the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(5).”.

(3) In Part 6 (complaints)—

(a) in paragraph 47 (complaints procedure), in sub-paragraph (1) for the words from “The contractor” to “the agreement” substitute—

“As regards complaints relating to any matter reasonably connected with the provision of services under the agreement which are received before 1st April 2009, the contractor shall operate a complaints procedure”;

(b) in paragraph 51 (co-operation with investigations)—

(i) in sub-paragraph (1)(a)(ii), for “the Commission for Healthcare Audit and Inspection” substitute “the Health Service Commissioner”;

(ii) at the end of sub-paragraph (2), add—

““Health Service Commissioner” means the person appointed Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993(6).”.

Commencement Information

I2 Sch. para. 6 in force at 1.4.2009, see reg. 1(2)

Amendment to the General Ophthalmic Services Contracts Regulations 2008 E+W

7.—(1) Schedule 1 to the General Ophthalmic Services Contracts Regulations 2008(7) (other contractual terms) is amended as follows.

(2) Before Part 5 (complaints) insert—

“Part 4A E+W Complaints received on or after 1st April 2009

21A.   As regards complaints relating to any matter reasonably connected with the provision of services under the contract which are received on or after 1st April 2009, the contractor must have in place a complaints procedure which meets the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(8).”.

(3) In Part 5 (complaints), in paragraph 22 (complaints procedure)—

(a) for sub-paragraph (1) substitute—

“(1) As regards complaints relating to any matter reasonably connected with the provision of services under the contract which are received before 1st April 2009, the contractor shall operate a complaints procedure and that complaints procedure shall comply with the requirements of paragraphs 23 to 25 and 27.”;

(b) in paragraph 26 (co-operation with investigations)—

(i) in sub-paragraph (1)(a)(ii), for “the Commission for Healthcare Audit and Inspection” substitute “the Health Service Commissioner”;

(ii) at the end of sub-paragraph (2), add—

““Health Service Commissioner” means the person appointed Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993(9).”.

Commencement Information

I3 Sch. para. 7 in force at 1.4.2009, see reg. 1(2)

Transitional provision: the Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008, and the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 E+W

8.—(1) This sub-paragraph applies to a complaint which—

(a) was made before 1st April 2009; and

(b) falls to be investigated by a Primary Care Trust under—

(i) regulation 4(2) or 5(2) of the Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008(10); or

(ii) article 5(5), 6(2), 21(2) or 22(2) of the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006(11).

(2) Where sub-paragraph (1) applies to a complaint, the investigation of the complaint shall be carried out in accordance with the 2004 Regulations as if—

(a) notwithstanding their revocation, the 2004 Regulations, except for regulations 14 to 22 of those Regulations, continued to have effect;

(b) in paragraph (4) of regulation 13, the words “Health Service Commissioner under the Health Service Commissioners Act 1993” were substituted for the words “Healthcare Commission in accordance with regulation 14”; and

(c) any request made under regulation 14 before 1st April 2009 for the Healthcare Commission to consider the complaint shall have effect as a request to the Health Service Commissioner to consider the complaint under the 1993 Act.

Commencement Information

I4 Sch. para. 8 in force at 1.4.2009, see reg. 1(2)

(1)

S.I. 2005/3361.

(2)

S.I. 2009/309.

(3)

1993 c. 46.

(4)

S.I. 2005/3373.

(5)

S.I. 2009/309.

(6)

1993 c. 46.

(7)

S.I. 2008/1185.

(8)

S.I. 2009/309.

(9)

1993 c. 46.

(10)

S.I. 2008/1700.

(11)

S.I. 2006/562.