The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

Investigation of outstanding complaints

22.—(1) Where, on 31st March 2004—

(a) a complaint had been made under paragraph 47A of Schedule 2 to the 1992 Regulations(1) by or on behalf of a patient or former patient of a relevant medical practitioner; and

(b) the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 47A had not concluded,

that complaint must, from 1st April 2004, be investigated, or in an appropriate case continue to be investigated, by the succeeding contractor as if paragraph 47A had not been revoked.

(2) Where, on 31st March 2004—

(a) a complaint had been made under paragraph 47A of Schedule 2 to the 1992 Regulations by or on behalf of a patient or former patient of a medical practitioner to whom there is no succeeding contractor; and

(b) the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 47A had not concluded,

that complaint must be investigated by one of the persons specified in paragraph (3) as if paragraph 47A had not been revoked.

(3) The persons referred to in paragraph (2) are—

(a) the person or persons who was or were the former partner or partners of the medical practitioner on whose list of patients the complainant was included, if he or she or they meet the requirements in paragraph (4);

(b) if the person or persons specified in paragraph (a) satisfy the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant that, having regard to the nature of the complaint, it would not be appropriate for the complaint to be investigated by him or her or them, that Local Health Board; or

(c) in any other case, the Local Health Board on whose medical list the medical practitioner was included for the purposes of providing general medical services to the complainant.

(4) The requirements referred to in paragraph (3) are that the former partner or partners—

(a) has or have entered into a default contract or a general medical services contract, as an individual medical practitioner or as one of two or more individuals practising in partnership, with the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant; or

(b) is a legal and beneficial shareholder or are legal and beneficial shareholders in a company which has entered into a general medical services contract with that Local Health Board.

(5) Where, under paragraph (3), a complaint made by or on behalf of a patient or former patient would fall to be investigated, or continue to be investigated, by more than one general medical services contractor or default contractor, the contractors concerned shall—

(a) enter into discussions as to which of them would be the most appropriate person to deal with the complaint; and

(b) if they are unable to reach agreement, refer the matter to the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant and that Local Health Board shall investigate the complaint itself.

(6) Where, under this article, a complaint falls to be investigated by a Local Health Board the investigation shall be carried out in accordance with the directions dated 29th June 1998 on dealing with complaints about family health services practitioners given by the Assembly under section 16BB(4) of the 1977 Act(2).

(1)

Paragraph 47A was inserted by S.I. 1996/702 and amended by S.I.2003/784 (W.95).

(2)

Section 16BB(4) was inserted into the Act by section 6 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17). The relevant directions are 'Directions to Health Authorities on dealing with complaints about family health service practitioners and providers of personal medical services and providers of personal dental services other than personal dental services provided by NHS trusts' dated 27th March 2003.