The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

Transitional provisionsE+W

52.—(1) In this regulation “the former complaints provisions” means any of the directions in relation to complaints which are revoked by regulation 53.

(2) Where before 1 April 2011—

(a)a complaint has been made in accordance with any of the former complaints provisions; and

(b)it is not excluded from consideration by any provision within the former complaints provisions,

it may be investigated, or continue to be investigated, as appropriate, in accordance with those provisions.

(3) Where in accordance with any of the former complaints provisions—

(a)an investigation of a complaint has been conducted and completed by a complaints manager or an independent complaints facilitator; and

(b)the person who made the complaint has made a request for a review by an independent review panel,

the request must be dealt with in accordance with the former complaints provisions.

(4) Save in respect of a complaint which would be subject to the arrangements in Part 7 of these Regulations, where a complaint, the subject matter of which occurred before 1 April 2011—

(a)has not been made in accordance with any of the former complaints provisions; and

(b)it is not excluded from consideration by any provision within these Regulations,

it may be notified, considered and investigated in accordance with these Regulations.

(5) Complaints about services provided by English NHS bodies, Scottish NHS bodies or Northern Irish NHS bodies, as defined in regulation 34, made before 1 October 2011 will not be considered under Part 7 of these Regulations.

Commencement Information

I1Reg. 52 in force at 1.4.2011, see reg. 1(2)