123.—(1) The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 M1 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)in the definition of “general dental services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,
(b)in the definition of “general medical services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,
(c)in the definition of “general ophthalmic services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,
(d)in the definition of “NHS body”—
(i)omit paragraph (a),
(ii)after paragraph (b) insert—
“(ba)a clinical commissioning group;
(bb)the National Health Service Commissioning Board;”, and
(iii)omit paragraph (c), and
(e)in the definition of “primary care provider”, in paragraph (b), for “83(2)(b)” substitute “ 83(2) ”.
(3) In regulation 6(1) (duty to handle complaints), after sub-paragraph (b) insert—
“(ba)a clinical commissioning group or the National Health Service Commissioning Board about the exercise by it of any functions in pursuance of arrangements made under section 7A of the National Health Service Act 2006;”.
(4) In regulation 7 (complaints about the provision of health services)—
(a)in paragraph (1)(a)—
(i)for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and
(ii)for “1st April 2009” substitute “ 1st April 2013 ”,
(b)in paragraph (1)(b), for “Primary Care Trust” substitute “ group or Board ”,
(c)in paragraph (3)—
(i)for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,
(ii)in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”, and
(iii)in sub-paragraph (b), for “Primary Care Trust” substitute “ group or Board ”,
(d)in paragraph (4)—
(i)for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or National Health Service Commissioning Board ”, and
(ii)for “Primary Care Trust”, in the second place where it occurs, substitute “ group or Board ”, and
(e)in paragraph (5) —
(i)for “Primary Care Trust”, in the first place where it occurs, substitute “ clinical commissioning group or National Health Service Commissioning Board ”, and
(ii)in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”.
(5) In regulation 13(5)(a) (procedure before investigation), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”.
(6) In regulation 18 (annual reports)—
(a)in paragraph (4)—
(i)in sub-paragraph (a), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and
(ii)in the full-out words, for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,
(b)in paragraph (5), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”,
(c)omit paragraph (6), and
(d)in paragraph (7) omit “or (6)”.
Marginal Citations
M1S.I. 2009/309, to which there are amendments not relevant to this Order.