SCHEDULECONSEQUENTIAL AND TRANSITIONAL PROVISIONS
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005I11
1
The National Health Service (Pharmaceutical Services) Regulations 200523 are amended as follows.
2
In Schedule 1 (terms of service of pharmacists), for paragraph 32 (complaints) substitute—
Complaints32
1
A pharmacist must have in place—
a
arrangements which are essentially the same as those set out in Part 2 of the National Health Service (Complaints) Regulations 200424, for the handling and consideration of any complaints—
i
which were made on or before 31st March 2009; and
ii
in respect of which the complaints process has not yet been concluded; and
b
arrangements which comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 200925, for the handling and consideration of any complaints made on or after 1st April 2009.
2
The reference in sub-paragraph (1)(a) to the National Health Service (Complaints) Regulations 2004 is a reference to those Regulations as they had effect on 31st March 2009 and as if they had not been revoked.
3
In this paragraph, “complaint” means a complaint about a matter connected with the provision of pharmaceutical services by the pharmacist.
3
In Schedule 2 (terms of service of dispensing doctors), in paragraph 9(1)(c) (complaints procedures), after “relevant APMS contract” add “, in accordance with any obligation imposed on the APMS contractor by the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009,”.
4
In Schedule 3 (terms of service of suppliers of appliances), for paragraph 19 (complaints) substitute—
Complaints19
1
A supplier of appliances must have in place—
a
arrangements which are essentially the same as those set out in Part 2 of the National Health Service (Complaints) Regulations 2004, for the handling and consideration of any complaints—
i
which were made on or before 31st March 2009; and
ii
in respect of which the complaints process has not yet been concluded; and
b
arrangements which comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 200926, for the handling and consideration of any complaints made on or after 1st April 2009.
2
The reference in sub-paragraph (1)(a) to the National Health Service (Complaints) Regulations 2004 is a reference to those Regulations as they had effect on 31st March 2009 and as if they had not been revoked.
3
In this paragraph, “complaint” means a complaint about a matter connected with the provision of pharmaceutical services by the supplier of appliances.
Amendment of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006I22
In Schedule 2 to the National Health Service (Local Pharmaceutical Services etc.) Regulations 200627 (contract terms), for paragraph 25 (complaints) substitute—
Complaints25
1
A contractor must have in place—
a
arrangements which are essentially the same as those set out in Part 2 of the National Health Service (Complaints) Regulations 2004, for the handling and consideration of any complaints—
i
which were made on or before 31st March 2009; and
ii
in respect of which the complaints process has not yet been concluded; and
b
arrangements which comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 200928, for the handling and consideration of any complaints made on or after 1st April 2009.
2
The reference in paragraph (1)(a) to the National Health Service (Complaints) Regulations 2004 is a reference to those Regulations as they had effect on 31st March 2009 and as if they had not been revoked.
3
In this paragraph, “complaint” means a complaint about a matter connected with the provision of local pharmaceutical services by the contractor.
Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004I33
1
Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 200429 (other contractual terms) is amended as follows.
2
For paragraph 92 (complaints procedure) substitute—
Complaints procedure92
1
The contractor shall establish and operate a complaints procedure to deal with any complaints in relation to any matter reasonably connected with the provision of services under the contract.
2
In respect of complaints made on or after 1st April 2009, the complaints procedure required by sub-paragraph (1) shall comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 200930.
3
In respect of complaints received by the contractor prior to 1st April 2009 which have not been resolved by that date, the contractor shall continue to deal with such complaints in accordance with the complaints procedure that it was required to establish and operate prior to 1st April 2009.
3
In paragraph 97 (co-operation with investigations)—
a
in sub-paragraph (1)(a)(ii), for “the Commission for Healthcare Audit and Inspection” substitute “the Health Service Commissioner”;
b
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 199331.
4
Paragraphs 93 to 96 and 98 are omitted.
Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004I44
1
Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 200432 (other contractual terms) is amended as follows.
2
For paragraph 86 (complaints procedure) substitute—
“Complaints procedure86
1
The contractor shall establish and operate a complaints procedure to deal with any complaints in relation to any matter reasonably connected with the provision of services under the agreement.
2
In respect of complaints made on or after 1st April 2009, the complaints procedure required by sub-paragraph (1) shall comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 200933.
3
In respect of complaints received by the contractor prior to 1st April 2009 which have not been resolved by that date, the contractor shall continue to deal with such complaints in accordance with the complaints procedure that it was required to establish and operate prior to 1st April 2009.
3
In paragraph 91 (co-operation with investigations)—
a
in sub-paragraph (1)(b), for “the Commission for Healthcare Audit and Inspection” substitute “the Health Service Commissioner”;
b
in sub-paragraph (3), for “In sub-paragraph (2)” substitute “In this paragraph”;
c
at the end of sub-paragraph (3), 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 199334.
4
Paragraphs 87 to 90 and 92 are omitted.
Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005I55
1
Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 200535 (other contractual terms), is amended as follows.
2
Before Part 6 (complaints) insert—
PART 5AComplaints 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 200936.
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 199337.
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005I66
1
Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 200538 (other contractual terms) is amended as follows.
2
Before Part 6 (complaints) insert—
PART 5AComplaints 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 200939.
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 199340.
Amendment to the General Ophthalmic Services Contracts Regulations 2008I77
1
Schedule 1 to the General Ophthalmic Services Contracts Regulations 200841 (other contractual terms) is amended as follows.
2
Before Part 5 (complaints) insert—
Part 4AComplaints 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 200942.
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 199343.
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 2006I88
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 200844; 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 200645.
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.